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Election Law
OF
INDIANA
(In Force Sept. 1, 1906
WITH
INSTRUCTIONS TO VOTERS
AND ELECTION
OFFICERS
By Authority of the State Board of Election
Commissioners for 1906
INDIANAPOLIS
WM. B. BUBFOBD, CONTRACTOR FOR STATK PRINTING AND BINDING
1906
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Indianapolis, September 17, 1906.
To the Governor and Chairman, State Board of Election Com-
missioners :
Having been appointed by said Commissioners to consider
certain matters arising under the election law, we report that in
our opinion, the proper construction of the law on the several
points referred to us is as follows :
MEREILL MOOEES,
WILLIAM W. SPENCEE
Committee.
We concur in and agree to abide by this report :
JAS. P. GOODEICH,
Chairman Eepublican State Committee.
W. H. O'BEIEIsr,
Chairman Democratic State Committee.
State Board of Election Commissioners for 1906 :
GOV. J. FEAISTK HANLY, President.
JEFFEESOlSr 11. CLAYPOOL.
BEEKAED XOEBLY.
HAEEY SLOUGH, Clerk.
Note.— These instructions chang'ed to conform to the amendments enacted
"by the Q-eneral Assembly of the State of Indiana, Session of 1905,
257168
Instructions to Voters
AND
Election Officers.
WHERE ELECTIONS MUST BE HELD.
An election must be held at the place designated by the Board
of County Commissioners, unless from absolutely unavoidable cir-
cumstances it can not be done. If it can not be held at the place
so designated, then the Election Board should meet at, or as nearly
as possible, at the place so designated and there organize as a
Board, and then adjourn to a place available and nearest to the one
so designated, not, however, outside of the precinct. In such an in-
stance care should be taken to see that no voter loses his vote by
not finding the new voting place; and, if necessary, some person
should be stationed at the place so designated by the Board of
County Commissioners to notify the voters of the change, and
where the actual voting place is situated.
BALLOT BOXES.
The Board of County Commissioners of each county must pro-
vide, at the expense of the county, three ballot boxes — one painted
red, for the reception of the State ballots ; one painted white, for
the reception of the local ballots (Sec. 32), and one yellow, for the
reception of the township ballots (Sec. 134). The Board of Coun-
ty Commissioners must deliver all the ballot boxes and all the
election paraphernalia, except the ballots, at the places where the
election is to be held, prior to the day of the election.
INSTEUOTIONS TO
CHUTES.
The chute should be so constructed that it will not obstruct pass-
age along the highway or street. Persons within fifty feet for man-
ifestly lawful and necessary purposes should not be molested. This
is also true of persons passing within that distance of the chute.
PASTER TICKETS.
The law permits the use of complete pasters, by which is meant
a complete ticket pasted on the ballot by the voter, without the
knowledge of the Election Board. If such a ballot be found in the
box, the Election Board must carefully examine the law, and if it
does not comply with its provisions, it is void and should not be
counted. (Sec. 77.)
WATCHERS.
Each of the four political parties that cast the largest vote at the
last I^ovember election, and which has a place on any of the official
ballots, is entitled to one watcher at each precinct, at the canvass of
the vote. Each watcher must present to the Election Board, before
he enters the election room, credentials signed by the township or
county chairman of the party which he represents, showing him to
be the duly authorized watcher for his party. 'No person other
than the Inspector, Judge, Poll Clerks, Election Sheriffs and
Watchers can be permitted in the election room during the canvass
of the votes (Sec. 83). No watchers can be present during the
voting.
SAMPLE BALLOTS.
The sample State and local poster ballots should be printed in
large type, each on a sheet of paper about 25 by 38 inches in size.
The sample State Ballots will be prepared and be furnished by
the State Board of Election Commissioners, and three will be en-
closed in each package of State ballots. They will be printed on
yellov*^ paper, and will have thereon the words, ''Sample Ballot.
Genuine State Ballot is on red paper.''
The sample Local Ballots should be prepared by the County
Board of Election Commissioners, and three enclosed in each pack-
age of local ballots. It should be printed on blue paper, and have
VOTERS AND ELECTION OFFICEES. O
thereon the words, "Sample Ballot. Genuine Local Ballot is on
white paper.''
The sample Township Ballot should be prepared by the County
Board of Election Commissioners, and three enclosed in the pack-
age of township ballots for each precinct of the township for which
the sample ticket is printed. It should be printed on brown paper,
and have thereon the words, "Sample Ballot. Genuine Township
Ballot is on yellow paper.''
Three of each kind of these sample ballots must be posted by the
Election Inspector in and about his polling place.
If deemed desirable by committees of political parties, or by
candidates, for the purpose of instructing voters, sample ballots,
conforming to the description given above, may be printed, of any
size, on blue, brown and green paper respectively, and posted up
or circulated by them at any time during the political canvass.
CANDIDATES FOR COUNTY COUNCIL.
The County Board of Election Commissioners must print on
local (county) ballots for the precincts of the first councilmanic
district, the names of the candidates for councilmen-at-large, and
also the names of the candidates for county councilmen for that
district. In like manner the local (county) ballots must be printed
for each precinct of the other councilmanic districts.
ROAD SUPERVISORS.
Road Supervisors are no longer elected at the time of the gen-
eral elections in I^ovember. Under the new law (see Sees. 135,
136 and 137) elections for these offices will be held on the second
Saturday after the first Monday in December, 1905, and every two
years thereafter. These elections are entirely under the jurisdic-
tion of the Township Trustee, and the law makes him responsible
for all the details thereof.
POSTING DIRECTIONS.
The Inspector should be at his polling place early enough before
6 a. m. to enable him to post up the cards of instructions and sam-
ple ballots.
6 INSTEUCTIONS TO
One of each kind of cards must be posted in each election booth ;
and also one of each kind at the outer end of the chute. Not less
than three of each kind of cards and not less than three of each
kind of sample ballots must be posted about the polls beyond the
fifty-foot limit. (Sec. C6).
INSTRUCTIONS TO VOTERS.
First. You must get your ballot and the blue pencil from the
Polling Clerks in the election room.
Second. If you desire to vote a straight ticket, then make a
cross, thus X' within the large circle at the head of the ticket con-
taining the device of the party for whose candidates you desire to
vote. If you do not desire to vote a straight ticket, you must not
make a cross in the large circle containing the device of a party,
but must make a cross, thus X? on the small square to the left of
the name of each candidate for whom you desire to vote, on what-
ever list of candidates it may be. If the large circle at the head
of the ticket is marked with a cross or otherwise and the ballot is
marked with a cross or otherwise at any other place, it will be void
and can not be counted, unless there be no candidate for some
office in the list printed under such marked device, in which case
you may indicate your choice for such office by making a cross,
thus Xj on the square to the left of the name of any candidate
for such office on any other list. The cross must be placed within
or on the circle or square, or the ballot will be void and can not be
counted.
Third. Do not mutilate your ballots, nor mark them, either by
scratching off a name or writing one upon them, nor in any other
way put a mark upon them, except by placing one in the circle or
on the squares, as above described. Otherwise the ballot will not
be counted. You must not put any mark of any kind upon your
ballots, except in the manner above described.
Fourth. After you have marked your ballots, and before you
leave the election booth, fold them up separately so that the face
of each one can not be seen, and so the initial letters of the names
of the Polling Clerks on the back thereof can be seen. Then hand
your ballots to the Inspector, the pencil to the Polling Clerks, and
immediately leave the election room.
VOTEBB AND ELECTION OFFIOBB8. i
Fifth. If you are physically unable to mark your ballots, or
can not read English, so inform the Polling Clerks, and make an
affidavit to that effect. They will then go with you into the elec-
tion booth, and you can then tell them how you desire to vote, and
they will mark your ballot for you. ISTeither you nor the Polling
Clerks must permit any other person to hear or see how ^ur bal-
lot is marked. It is a penal offense to declare you can not read
English or can not mark your ballot, if, in fact, you can.
[In no case can the ballots be marked by the Polling Clerks if the
voter can read the English language and is physically able to mark his
ballot. Nor can they mark it until the voter has made the proper affi-
davit.] '
Sixth. If you should accidentally, or ly mistake, deface, muti-
late or spoil one of your ballots, return it to the Poll Clerks and
get another one of the same kind.
Seventh. You must not accept a ballot from any person, out-
side of the election room. Any ballot outside is fraudulent; and
it is a penitentiary offense to have it in your possession, whether
you attempt to vote it or not.
Eighth. You must not attempt to hold any conversation in the
election room except with members of the Election Board and the
Polling Clerks.
Ninth. Use only the blue pencil handed you by the Polling
Clerks in marking your ballots. If you mark with any other pen-
cil, your ballot so marked will be void, and will not be counted.
Tenth. You must not put any mark of any kind on your ballot,
except as above described.
Eleventh. If you are unable to vote by machine on account of
physical disability or inability to read English, and make an affi-
davit to that effect, you will be instructed or assisted by the Polling
Clerks, as in the case of voting by ballot. If you request it, you
will, upon being registered by the Polling Clerks, be instructed by
them as to the manner of voting by machine. You can not remain
in the voting machine booth more than one minute ; and no person
can be in or near the machine when a voter is in the voting ma-
O INSTRUCTIONS TO
chine booth unless it is the Polling Clerks while instructing or as-
sisting the voter.
[If the foregoing- instructions to voters are printed on cards and posted
up at the polls, it will be a sufficient compliance with the provisions of the
statute requiring instructions to be posted up at such places. Add, how-
ever, in full, at the foot of such cards the original Sections 43, 50, 55, 56,
59 and 9b of the election law of March 6, 1889, being Sections 74, 81, 8G,
87, 90, 91 of this compilation.]
VOTING BY MACHINE.
1. The election officers in precincts where voting is done by
machines will be the same as in voting by ballot.
2. All laws relating to the secrecy of the ballot and^the number
of persons permitted in the room apply as well to machine voting
as in voting by ballot. 'No voter can be permitted to remain in
the voting booth more than one minute. fSec. 225.)
3. When the voter enters the election room he must announce
his name to the Polling Clerks, who must register it in the same
manner as when voting by ballot.
4. The laws as to qualifications of voters, and as to challengers
are the same in case of machine voting as in voting by ballot.
INSTRUCTIONS TO VOTERS USING VOTING MACHINES.
1. Voters who are unable to vote by machine on account of
physical disability or inability to read English, and who make an
affidavit to that effect, must be instructed or assisted by the Polling
Clerks, as in the case of voting by ballot.
2. If the voter requests it, he must, upon being registered by
the Polling Clerks, be instructed by them as to the manner of vot-
ing by the machine.
3. All machines will be so constructed that the voter can vote
either a straight or mixed ticket.
4. Instruction must be given at each voting place as to the man-
ner of voting by machine ; no fixed rule can be laid down because
it is not known what kind of machine will be used in a precinct.
5. After the voter has voted, the Inspector or one of the Judges
will announce to the Polling CJerks that such voter has voted, and
the clerks will write the word 'Voted" opposite the name of such
voter, in the same manner as when voting by ballot.
VOTERS AND BISECTION OPFIOBBS.
CAUTION.
As voting by machine is an experiment, it would be wise for the
Inspector to provide the necessary ballots and ballot boxes ; so that
in case of the machine failing to work, at any time, the election can
proceed thereafter in the usual way of voting by ballot
INSPECTORS.
An Inspector must have been a freeholder and a resident house-
holder of his precinct for one year, or a resident householder for
two years immediately preceding the day of election. If no person
qualified to act will consent to serve as Inspector, or if there be no
person residing in the precinct qualified to act as Inspector by rea-
son of the fact that he has not been a resident householder within
the precinct for two years, or a freeholder and householder for the
year next preceding the election, then any qualified voter of the
precinct may be appointed. (Sees. 25, 26, 29.)
An Inspector must not have anything bet or wagered on the
election, nor be a father, father-in-law, son, son-in-law, grand-
father, grandson, brother, brother-in-law, uncle, nephew, or first or
second cousin of any candidate at the election.
!N^ot more than three nor less than two days before the day of
election, the Inspector, or the Judge authorized by him, must call
at the County Clerk's office and get the ballots for his precinct.
(Sees. 64, 67, 68.) Before going he should inform himself, if he
can, if the number of voters in his precinct has increased fifty per
cent, since the last presidential election. He will receive ten bal-
lots for each five voters in his precinct — ten local (county) and ten
township ballots — each kind of which must be counted, wrapped in
separate packages and sealed in his presence. He will also receive
a sealed package containing the State ballots, for his precinct,
three blue pencils, the cards provided by the County Board of Elec-
tion Commissioners with printed instructions for voters, and three
sample ballots of each kind of ballots. All these he must carefully
guard and preserve. (Sees. 64, 66.) If, by accident, they be lost
or destroyed, he must report at once to the County Board of Elec-
tion Commissioners, at the County Clerk's office, and obtain a new
supply. (Sees. 60, 69.)
10 INSTRUCTIONS TO
The Inspector acts as Chairman of his Election Board, and must
announce the opening and closing of the polls. His duties as a
member of such board are set forth hereinafter under the head of
"Election Board." .
Meals. — The Inspector should see that the Election Board of his
precinct are furnished with good, plain and substantial meals, at
the regular hours for meals, during the election day and until the
count is finished; but no spirituous, vinous or fermented liquors
shall be furnished. Those entitled to receive these meals are the
Inspector, two Judges, two Poll Clerks, and two Election Sheriffs,
and no others. The Inspector should also see that the election room
is comfortable, such as furnishing fuel, light, chairs, table and a
stove. (Sec. 101.)
APPOINTING JUDGES.
Before opening the polls the Inspector must appoint two Judges,
one from the Bepublican and the other from the Democratic party.
(Sec. 26.) The Chairman of the Republican and Democratic
County Committees have .the right to name these Judges, but must
do so at least one week before the election. (Sec. 25.) If a
member of the Election Board fail to appear at the hour for open-
ing the polls, the remainder of the Board must select a member
from his political party to serve in his stead. The qualified voters
of his party present at the polls may nominate a qualified person
for the vacancy, and he must be appointed. If no member of the
Election Board appear at the hour appointed for opening the polls,
the qualified voters present must elect a Board viva voce as nearly
as possible in conformity with the requirements above stated.
(Sec. 26.)
ELECTION JUDGES.
Election Judges have no duties except as members of the Elec-
tion Board, which see. They must be qualified voters of the pre-
cinct, and have been freeholders and resident householders therein
for at least one year, or householders for at least two years next
preceding the day of election, and be members of different political
parties and of the parties which cast the highest number of votes in
the State at the last ^November election. If no persons who are
qualified will consent to serve as such Judges, or if there are no
VOTERS AND ELKCTION OFFICERS. Jl
persoDs residing in the precinct qualified to act as J udges by reason
of the fact that they have not been resident householders within
the precinct for two years, then, in that case, any two electors of
the precinct may be appointed as such Judges.
ELECTION BOARDS.
The Election Board is composed of the Inspector and the two
Judges representing the two leading political parties. No person
except these three have any voice in determining any question aris
ing for the Board's decision. (Sees. 25 and 26.)
ISrOMIISrATION OF POLL CLERKS. The first duty of an
Election Board is the appointment of Poll Clerks, who must be
qualified electors of the precinct and representatives of the two
leading parties. If nominations have been made by the chairmen
of these two parties, such nominees must be appointed. (Sec. 27.)
OATH OE OFFICE. The next duty is taking the oath of office
in accordance w^ith Sections 29 and 30. The law requires the In-
spector and Judges to be qualified on the morning of the election.
If no person is present at the polling place authorized to adminis-
ter oaths, the Inspector administers the oath to the two Judges and
then one of the Judges administers the oath to the Inspector. The
Inspector administers the oath to the Polling Clerks. The In-
spector then, reads to the Judges Sections 88 and 89, of the elec-
tion law, and each member of the Election Board then takes* an
oath, as provided in Section 29.
PPOVIDIA^G BALLOTS AK'D FIJKXITURE. In case, for
any reason, the ballots or any necessary furniture for the election
be not on hand at the opening of the polls, the Board must supply
them as speedily as possible. Ballots should be obtained from the
person who was entrusted to bring them to the polling places, if
possible; if not, then at the County Clerk's office; and if that be
impracticable, the Board must have them printed. (Sec. 69.)
OPENIXG BALLOT PACKAGES. After the organization
of the Board the ballot packages must be* opened by the Inspector
in the presence of the Board without breaking the seals, in other
words, cut thp string? nnd leave the seals on them. (Sec. 65.)
12 INSTRUCTIONS TO
The seals must be preserved and returned with the protested, dis-
puted, defective and uncounted ballots. (Sec. 83.) The Inspec-
tor then delivers tvrenty-five of each of the different kind of bal-
lots to the Poll Clerk of the party opposing his o^m, and the pen-
cils to the other Clerk, who has charge of the same. As soon as a
ballot has been delivered by the Poll Clerk to a voter the Inspector
must deliver another ballot to the Poll Clerks, who must at once
sign it with their initials and place it at the bottom of those al-
ready signed, so that at all times the Poll Clerk shall have twenty-
five of each of the different kinds of ballots before him. (Sec.
65.)
BALLOT BOXES. The ballot boxes must be opened, exam-
ined and then closed and locked before announcing that the polls
are open. One key must be retained by the Inspector and the oth-
er key given to the Judge of the opposite politics of the Inspector.
(Sec. 33.)
OPEOTNG THE POLLS. When these duties have been per-
formed and the Poll Clerks have marked their initials on the
lower left-hand corner of the back of twenty-five of each of the
different kind of ballots, the Inspector must then announce that
the polls are open. ISTo ballot can be received before this announce-
ment is made. (Sec. 42.)
POLLS 0PE:N' at 6 A. M. SHARP. The failure of the Poll
Clerks to have their initials marked on the full number of twenty-
five ballots shall not delay the opening of the polls. The law says
the election shall be opened at G o'clock a. m. (Sec. 34), and this
provision is mandatory. As soon as the clerks have any ballots at
all marked properly with their initials, the polls shall be opened,
and the full quota of twenty-five ballots shall be marked ahead as
quickly as possible without delaying the vote.
POLLS OPEN CONTINUOUSLY. The polls must be kept
open continuously from 6 a. m. to 6 p. m., unless after 4 p. m.
where there has been no vote tendered for fifteen minutes, the
Board may, by unanimous consent of all its members, close the
polls. (Sec. 34.) After the polls open at an election, the Board
can not adjourn temporarily, nor take any recess, until the polls
have been regularly closed, ajl the votes counted, the returns made
VOTERS AND ELECTIOIST OFFICERS. 13
out, and the result publicly announced. The meals should be
served the Board in the election room, and the polls kept open so
that no delay shaJl be had in the voting. (Sec. 100.)
RIGHT OE ELECTION BOAED TO CHALLENGE. The
right of any person offering to vote may be challenged by either
challenger present, by any member of the Election Board or by any
voter of the precinct. (Sec. 72.)
INTEEPEETEK. If any member of the Board request it, an
interpreter may be called to aid in instructing a voter, but the in-
terpreter has no right to mark the ticket or see it marked. (Sec.
76.)
BALLOTING. The Board has general supervision of the bal-
loting and should not permit any violation of the law in its pres-
ence without the immediate arrest of the offender. No ballot may
be put in the box by the Inspector if the manner in which it has
been marked has been shown to any person, or if it has been muti-
lated, or defaced, or any distinguishing mark put on it, or if the
initials of the Poll Clerks do not appear on it. (Sec. 80.)
CLOSING POLLS. No voter can enter the election room
after the polls are closed, but any voter in the room at the time of
closing may tender his vote and it must be received. The Inspec-
tor must make proclamation of the closing of the polls, and a min-
ute of the time must be entered by the Poll Clerks on the tally
papers. (Sec. 84.)
DESTEUCTION OF UNVOTED BALLOTS. Immediately
on closing the polls the Election Board must count the ballots re-
maining unvoted, make a record of the number on the tally sheets
and totally destroy them by fire. (Sec. 82.)
POLL CLERKS.
Poll Clerks must be qualified voters of the precinct and taken
from the two leading parties. They may be nominated by the re-
spective County C"!ommiitees four days prior to the election. (Sec.
27.) But if not, they must be selected and appointed by the
Board of Election, one from each of the two leading parties.
(Sec. 27.) '
14 INSTRUCTIONS TO
OATH or OFFICE. The first duty of the Poll Clerks is to
take the oath of office. (Sec. 81.)
PASTEES. On receiving ballots from the Inspectors the Poll
Clerks must place all necessary pasters on them in their proper
places, when a candidate has been properly named to fill a vacancy
occasioned by the death, removal or resignation of any candidate
after the tickets have been printed. (Sec. 58.)
INITIALS. The Poll Clerks must place their initials in their
ordinary handw^riting, in ink, on the lower left hand corner of the
back of each ballot immediately upon receiving the ballots from
the Inspector. (Sec. 65.) This must be done without any dis-
tinguishing marks. Twenty-five ballots of each kind must be kept
ready for delivery to the voters, and the one first signed must be
delivered first. (Sec. 65.) Placing a mark on a ballot by which
it may afterwards be known is a penal offense. (Sees. 91 and 92.)
THE VOTEK AJ^J) POLL CLEKKS. On entering the elec-
tion room the voter announces his name to the Poll Clerks who, at
once, register it. Then they furnish him with one of each kind of
ballots and a blue pencil, and on request, explain to him the man-
ner of voting. This explanation must be made in the presence of
the whole Board. If deemed necessary by any member of the
Board an interpreter may be called. (Sec. 76.) The voter, after
marking and properly folding his ballots in the booth, must return
the pencil to the Poll Clerk from whom he received it and deliver
the ballots to the Inspector. In no event can he be allowed to re-
main in the booth more than five minutes. When his ballot is de-
posited in the ballot box, the Poll Clerks must write the word
"voted" after his name on the poll lists. (Sec. 76.) If the elector
make an affidavit that, on account of physical disability or in-
ability to read English, he can not mark his ballot, the Poll Clerks
must do so for him in the presence of each other and in his pres-
ence, and, on request, must read over to him the names of the can-
didates as marked. It is a felony for a Poll Clerk to deceive any
elector in selecting or marking his ballot. (Sec. 79.) If the voter
accidentally, or by laistake, spoil, mutilate or deface his ballot,
the Poll Clerks must give him another and have him destroy the
first in the presence of the Board, and they must make a minute of
VOTERS AND ELECTION OFFICEB8. 15
the facts on the poll lists at the time. (Sec. 78.) If the voter dis-
close how he has marked his ballot it must be rejected, and the
Poll Clerks must make a minute of that fact on the poll lists.
(Sec. 76.)
ELECTION SHERIFFS.
The Sheriff must appoint two special deputies as Election Sher-
iffs for each precinct; one from each of the two leading political
parties. The chairman of each of such political parties may, five
days prior to the election, designate an Election Sheriff for each
precinct, and if the person so appointed fail to appear the member
or members of the Election Board of his political party must ap-
point a person to act in his place. (Sec. 43.)
ATTE:N"DANCE. The Election Sheriffs must be at the polls
when they open and remain until the count is concluded. (Sec.
43.) During the canvass of the vote the Sheriffs should remain
in the election room with the Election Board. They may go in
and out of the election room, when they wish, or as the occasion
may require.
AEKEST. They must make arrests on the demand of any
member of the Board (Sec. 43), and also on affidavit made before
the Inspector by any qualified voter that any person who has voted
is not a legal voter. Persons thus arrested by Election Sheriffs
should be promptly delivered by them to the nearest magistrate or
court, where their cases may be speedily heard, and, if their of-
fense be bailable, bond may be given. (Sec. 73.) In general, the
Sheriffs must follow the direction of the Election Board.
VOTEK AOT) SHEEIFFS. It is the duty of the Election
Sheriffs to see that no m.ore than three voters are permitted in the
election room at the same time, and that all other persons are kept
away for a distance of fifty feet. They should also assist infirm or
decrepit voters going through the chute to and from the election
room.
CHALLENGERS AND POLL-BOOK HOLDERS.
One challenger and one poll-book holder, appointed in \vriting by
the local chairman of each party organization, are entitled to
16 INSTEUOTIONS TO
stand at the sides of the chute next the challenge window. (Sees.
43 and 72.)
CAUSES FOE CHALLEIS^GE. Under a decision of the Su-
preme Court of Indiana, the provision with reference to registra-
tion has been held unconstitutional; and, therefore, this is not a
cause for challenge. The following are causes for challenge : Bri-
bery, buying, or offering to buy votes, advising bribery, advising
buying votes, selling one's vote or offering to sell one's vote, not
having been a resident of the United States for one year or of the
State six months, or of the township sixty days, or of the precinct
thirty days immediately preceding the day of election, or being of
foreign birth and not having been naturalized, or not having taken
out first papers, or being less than twenty-one years of age. It is
also a good cause for challenge that the voter has been disfran-
chised by a court of this State for a period of time covering the
day of election.
MODE OF CHALLENGING. When a person is challenged
he must stand aside, and can not vote unless he makes an affidavit
that he is a legal voter. If he makes such an affidavit, he is en-
titled to vote, unless the challenger or some other person make an
affidavit that he is not a legal voter. This affidavit may be made
on information or belief, but if so, the person or persons who fur-
nished the information must be named in the affidavit. The voter
must then bring a qualified voter of the precinct as' a witness, who
must swear that of his own knowledge the claimant is a legal voter.
Any false statement in any of the affidavits constitutes the crime of
perjury. (Sec. 74.) The voter making the last affidavit must have
been a freeholder and resident householder in the precinct for at
least one year, or a resident householder for two years, next pre-
ceding the day of election, unless the person offering to vote shall
make an affidavit that there is no person of his political party re-
siding in the precinct who has been a freeholder and householder
in the precinct for one year or a householder for two years, in
which case the affidavit may be made by any qualified voter.
(Sec. 72.)
VOTEES AND ELECTION OFFICBKS. * lY
CANVASSING VOTE.
OEDEE OF CANVASSING BALLOTS. The Election Board
must then proceed to canvass the ballots ; first the State, second the
county, and third the township ballots.
^ ' BALLOTS, HOW CANVASSED. The election Boards must
in canvassing the votes begin first with the State ballots and com-
plete them before proceeding with the other ballots, by laying each
ballot upon the table in the order in which it is taken from the bal-
lot box ; and the Inspector and the Judge of Election differing in
politics from the Inspector must view the ballots as the names of
the persons voted for are read therefrom. If any ballot be found
mutilated, defaced or marked so that it can be identified, it must
not be counted (Sec. 83) ; but the Board should not adhere to such
a severe construction of the law as will deprive innocent or honest
voters of their rights. In determining the intention of the voter a
careful but common-sense discretion should be exercised. In-
stances may arise where finger marks from a greasy or soiled hand
may, unintentionally, have been left upon a ballot. In such an
instan-ce, if the Board is convinced, after a careful examination,
that the marks were accidentally and not intentionally or
corruptly made, the ballot should be counted. If the initials of the
Poll Clerks be on the ballot but not on the lower left-hand comer,
and this appears clearly to have been an honest and unintentional
mistake of the Poll Clerks, the ballot should be counted. No ballot
can be coilnted, however, if the intention of the voter is not indi-
cated by the blue pencil mark and in the exact manner required
by the statute, which provides that the cross must be on or touch
the circle or the square. (Sec. 83.)
The unprotested ballots when counted should be strung on a
twine as fast as they are counted and totally destroyed by fire as
soon as the count has been completed and the certificates made up.
(Sec. 83.) All ballots that are uncounted, protested, disputed or
defective must be preserved and returned to the County Clerk's
ofiice in the proper package (Sec. 83), unless the Board finally
decide that they should be counted, in which instance they should
be counted and destroyed unless some member of the Election
Board protests ; or, unless the Board finally and unanimously agree
18 INSTRUCTIONS TO
that they should not be counted, in which instance they should not
be counted, but they should be preserved and put in the package
with those ballots which are protested, uncounted, disputed or de-
fective.
BALLOT, WHERE THEEE AKE SEVERAL CANDI-
DATES FOR SAME OFFICE. In case there are two or more
persons to he elected to the same office, as in the case of Senators
and Representatives in the Legislature, Judges of the Superior
Court, Justices of the Peace, etc., if the names of one or more,
but less than all, of such persons for a particular office are marked
on one or more of the tickets, the ballot must be counted for the
persons whose names are so marked ; but if in such case the names
of more persons than are to be elected to the particular office are
marked on any ballot, such ballot can not be counted for any per-
son for that office, for the reason that it can not be determined
which of the right number to be elected were intended to be voted
for, but the ballot is valid and must be counted for the candidates
for other offices as to whom it is properly marked. (Sec. 83.)
BALLOT IN WRONG BOX. If the Inspector, by mistake or
intention, deposit genuine ballots in the wrong box, putting State
ballots in the local box, or local ballots in the State box, such bal-
lots must be counted. (See 130 Ind. 561.) /
CLOSE OF COUNT. The Board, after canvassing the ballots,
must record the results on the tally sheets, and make out three
certificates of the num.ber of votes for each candidate, over the
signature of all the members of the Board, and deliver one of them
to each member of the Board. (Sec. 83.,)
The Board must then burn, completely, all the voted ballots, ex-
cept those protested, uncounted, disputed or defective. (Sec. 83.)
The disputed, protested, uncounted and defective ballots must
be preserved and returned to the County Clerk's office, in the sealed
bags. Before putting such ballots in the bag, one of the Poll Clerks
must endorse upon the back of each disputed, defective, uncounted
or protested ballot the word '^counted" or "not counted,'' or if
counted in part, for whom counted, as the case may be, which state-
ment must be signed by both of the Clerks. (Sec. 83.)
PROTESTED BALLOTS. At the close of the canvass the
#
VOTERS AND ELECTION OFFICERS. 10
Poll Clerks must make memoranda on the tally slieets ! 'lic pro-
tested, uncounted, disputed and defective ballots. Tt is intended
by the law that there should be separate memoranda for each bal-
lot, specifying the objections to it. It will, therefore, be neces-
sary to number the protested, uncounted, disputed and defective
ballots so that the objections may be referred to the proper ones
by number. (Sec. 83.)
A paper sack is provided in which the seals of the ballot pack-
ages, and all the disputed, protested, uncounted and defective bal-
lots must be placed : and this bag, after sealing, must be delivered
to the County Clerk.
EFFECT OF PROTEST. A protest does not, in any sense,
mean that the ballot shall not be counted. It must be counted,
notwithstanding the protest, if a majority of the Board so decide,
and the only persons to decide are the Inspector and the two
Judges. If a ballot is counted over the protest of a member of
the Election Board, it must be preserved.
PPtOHlBITED ACTS. It is punishable by fine and imprison-
ment for any election officer to electioneer (Sec. 91); to mark
in an unauthorized way any ticket, or endeavor to ascertain how it
is marked; to permit any ballots to be taken away (Sec. 62) ; or
permit any ballot packages to be opened, or ballots removed or de-
stroyed (Sec. 85) ; to disclose how any voter has voted (Sec. 91) ;
to mark or mutilate any ballot; or neglect to perform any duty,
or in any way violate the election laws (Sec. 92).
It is pimishable with fine and imprisonment for any person to
remove any ballot or blue pencil from the election room, or even
to have a genuine ballot in his possession (Sees. 63 and 81) ; to
counterfeit (Sec. 84) or tamper with the ballots (Sec. 85) ; to re-
move or destroy any election supplies or conveniences (Sec. 90) ;
to wrongfully enter the election room (Sec. 86) ; or to induce or
attempt to induce any elector to put any unauthorized mark on or
mutilate his ballot (Sec. 87) ; or induce or attempt to induce any
election officer to violate his duty CSec. 89).
20 INSTRUCTIONS TO
CUSTODIAN OF PAPERS.
At the close of tlie canvass the Inspector must take charge of
the sealed bag containing all affidavits made ; of the second bag con-
taining the protested, uncounted, disputed or defective ballots with
the seals of the ballot packages ; of the third bag containing the list
of voters kept by the Poll Clerks, the oaths of office taken by the
election officers, and one of each of the tally papers. For further
particulars how these packages must be sealed and where they are
to be delivered, see under the head of '^Disposition of Papers."
DISPOSITION OF PAPERS.
The various papers and documents used by the Board must be
disposed of as follows :
(a) The count being completed, the Board must place in a
paper bag or envelope, to be furnished for that purpose, all affi-
davits made and taken during the progress of the election, which
bag or envelope must be securely sealed by the Board. Each mem-
ber of the Board (Inspector and two Judges) must indorse his
name on the back of such bag or envelope, which must be delivered
at once to the County Clerk by the Inspector.
(h) All protested, uncounted, disputed or defective ballots
preserved from destruction must be put in another bag furnished
for that purpose, together with the seals of the ballot packages, in
the same condition as they were when the packages were opened at
the beginning of the election. The Inspector must seal this bag
with wax and indorse thereon the number of ballots therein, and
the condition of the seals of the ballot packages, with the name of
the township and precinct or ward and precinct, and he must de-
liver it, at the earliest possible period, to the County Clerk.
(c) In a third bag must be placed one of the list of voters kept
by the Poll Clerks, and one of each kind of tally sheets, and the
oaths of office taken and subscribed by the election officers prior
to the opening of the polls. This bag must be tightly closed and
sealed with wax by the Inspector in the presence of the Judges, and
the Inspector must deliver it to the County Clerk at once, and
make the affidavit required by Section 4713, E. S. 1881; K. S.
3.901. Sec. 6268,
VOTERS AND ELECTION OFFICERS. - 21
(d) The certificate of the result of the election, with the re-
maining sheets and poll list, must be delivered at once by the In-
spector to the County Board of Canvassers at the County Clerk's
office, to be used in the general canvass of the votes. In no event
should the Inspector or Judge, who has been selected as custodian
of these papers, part with their possession or permit them to be
changed, handled or mutilated.
BOARD OF CANVASSERS.
VOTES FOR ALL OFFICERS OTHER THA:^ TOWN-
SHIP OFFICERS— WHETs^, WHERE AND HOW CAN-
VASSED. The votes for all officers, other than Township officers,
are canvassed by the County Board of Election Commissioners,
which for that purpose is constituted a Board of Canvassers ; the
Board meeting for that purpose in the Circuit Court Room in the
Court House at six o'clock p. m. upon the day of election. The
Board of Canvassers receive the. election returns from the County
Clerk, to whom they must be delivered by the Inspector imme-
diately after the polls are closed on the day of election. The Board
proceeds to canvass the vote, comparing the certificates, poll books
and tally papers, and aggregating the vote, and declare and certify
the result. If two or more persons shall have the highest and an
equal number of votes for a single office to be filled by the voters
of the county, the Board declares that no person is elected to fill
the off.ce and certifies to that effect. The Board must declare the
person having the highest number of votes for any office to be filled
by the voters of a single coimty duly elected to said office, and
certify the same. No tally papers, poll book or certificate returned
by any election board can be rejected for want of form if it can
be satisfactorily understood, and in no case can the Board of Can-
vassers reject the return? from any precinct if they are certified by
the Board of Election of the precinct, as required by law, and pre-
sented by the Inspector or one of the Judges of the Board. The
acts of the Board of Canvassers are ministerial ; the canvass must
be made from the face of the tally papers, poll books and certifi-
cates made by the Inspectors, Judges and Clerks, but it is now per-
mitted to hear testimony and compel the attendance of witnesses to
answer under oath touching any questions which may properly
22 « INSTRUCTIONS TO
come before the Board. The Sheriff of the county must certify all
process and obey all orders of the Board, and shall during the can-
vass supply a deputy who shall remain in attendance upon the
Board^ and be paid by the county at the rate of two dollars for
every eight hours of such attendance. Failure to attend in re-
sponse to a subpoena is made a contempt. In case of a disagree-
ment between the members of the Board of Canvassers as to how
the vote of any precinct shall be counted, the matter in dispute
must be forthwith reported by the Board to the Judge of the Cir-
cuit Court in a brief written statement, setting forth the grounds
of disagreement together with all papers concerning the^matter.
and such judge shall summarily determine such dispute and direct
how such vote shall be coimted, and such determination shall be
final as regards the action of the Board of Canvassers. It is the
duty of each Inspector of elections, as soon as the certificates re-
quired by law have been signed by the precinct election boards, to
deliver them together with one of the lists of voters and one of the
tally papers containing the* vote of the precinct for all officers voted
for, and with all bags required to be returned to the County Clerk,
and this return must be made promptly upon the night of the elec-
tion.
VOTES FOR T0W:N^SIIIP OFFICERS— WHE^, WHERE
AND HOW CANVASSED. The votes for township officers,
where there is but one precinct in the township, are canvassed by
the Board of Election, after the polls are closed, on the day of
election, and the result certified accordingly; but in all townships
where there are more than one precinct and not more than ten pre-
cincts, the Inspectors of the several precincts, or the Judge of Elec-
tion to whom the certificates, poll books and tally papers have been
delivered, constitute a Board of Canvassers, who must meet on the
day following the election at the office of the Township Trustee
at as near 10 o'clock a. m. as practicable, and organize by electing
one of their number as chairman and one as clerk, and compare
the certificates, poll books and tally papers, aggregate the vote, and
declare and certify the result ; and if two or more persons have the
highest and equal number of votes for the same office they must
determine by lot which shall be declared elected and give a cer-
tificate accordingly. (Sees. 188 and 139.)
VOTERS AND ELECTION OFFICEBS. 23
If there are more than ten voting precincts in any tovniship of
a county, then the vote for township oflBcers in such township, shall
be canvassed by the County Board of Canvassers at the same time
and place, that the vote for county officers is canvassed.
MACHINE VOTING.
Where machines are provided for voting, a railing shall separate
the part of the room occupied by the Election Board from that oc-
cupied by the machine. The exterior of the machine and every
part of the polling pjace shall be in plain view of the Board. The
machine shall be so placed that no person outside the railing can
see how any person has voted. Ko one can go inside the railing
except for the purpose of voting, unless it is necessary to assist
a cripple or illiterate voter to vote. If a voter remain in the com-
partnient longer than one minute, he shall be removed. (Sec.
225.)
Cripples and illiterate persons can receive assistance in machine
voting only under circumstances which permit assistance in vot-
ing by ballot. (Sec. 226.)
Sample ballots for machine voting are provided by the county
in the form of- a diagram showing the entire front of the voting
machiae after the ballot labels are attached for voting. Three of
such sample machine ballots shall be posted near the entrance to the
voting chute. (Sec. 228.)
The Inspector, when he gets his supplies on the Saturday be-
fore election, gets, among other things, three extra sets of ballot
labels for use in emergencies; but the labels on the machines are
to be placed there originally by the County Board of Election
Commissioners. (Sec. 229.)
After six o'clock in the evening of the day before the election,
the Inspector and Judges meet in the election room, and see that
the machine is properly labeled, set and adjusted, ready for vot-
ing. At five o'clock on election morning, the Election Board with
the Clerks and Sheriffs must meet in the election room and finally
assure themselves that the machines are properly labeled, set
at zero, and in order. (Sec. 229.)
As soon as the polls are closed, the Inspector in the presence
of the Judges, Clerks, Sheriffs and Watchers, after locking the
24 INSTBUOTIONS TO
voting part, shall open the counting compartment and read off
and announce the vote, which shall be immediately taken down
and recorded by the Clerks. The certificates shall be returned at
once to the Canvassing Board at the Clerk's office precisely as
in voting by ballot. (Sec. 232.) The machine must then be locked
up. (Sec. 2f33.) The keys of the machine must be returned to
the County Auditor. (Sec. 235.)
A full supply of ballots, booths and boxes for voting purposes
will be furnished each Election Board. If a machine fails to
work or breaks down at any time, notice must be sent to the County
Auditor at once ; but the voting must not be delayed, printed bal-
lots must be issued to the voters and the election must proceed as
if no machine had been provided. In canvassing the vote where
this has occurred, the ballot vote is to be added to the machine
vote as recorded at the time of the break-down.
CONSTITUTIONAL AMENDMENT.
Constitutional amendments^ when proposed are printed in brief
on the State ballots below the State tickets, and with machine
voting on the machine above the State tickets. It is the duty of
the Inspector to draw the attention of each voter- to the amend-
ment and to instruct him, if he favors the amendment, to mark the
square before the word Yes, and, if not, to mark the square before
the word No. Every voter should vote upon proposed amend-
ments, as they can not be adopted by less than a majority of all
voters voting for any officer at the election. In re Denny, 156
Ind. 104.
PARTIES.
The party vote of 1904 was as follows :
Democratic 274,998
Republican 369,362
Prohibitionist 22,690
Socialist 10,991
Peoples 2,065
Socialist Labor 1,437
Total vote 671,643
VOTERS AND ELECTION OFFICERS. 25
Under the law, each of the four political parties which cast
the largest vote in 1904 is entitled to one Watcher at the count
(Sec. 83), and each partv which cast one per cent of the total
vote is entitled to nominate its candidates by petition. Under this
vote, the only political parties entitled to nominate by petition
and to have Watchers at the count, are the Democratic, Repub-
lican, Prohibition and Socialist parties. iSTominees of other par-
ties can only be placed on the official ballot by petition, and only
such signatures to petitions can be <?ounted as have been acknowl-
edged before an officer authoriz'^d to take acknowledgments.
ELECTION SUPPLIES.
Inspectors are required /y law to call at the offices of the Au-
ditor and Clerk in the Court House for election supplies on the
Saturday before election. If they can not go in person, they must
send one of the -Judges. If they do not get the supplies on Sat-
urday, they must serve as Inspector without compensation, and
are subject to a fine of from ten to one hundred dollars.
RETURN OP VOTE.
f
The vote must be returned by the Inspector to the Clerk's office
in the Court House immediately on the conclusion of the count.
ARRANGEMENT OF BLANKS AND TICKETS.
STATE BALLOTS.
On the State tickets the names of the candidates will be in the
following order :
For Presidential Elector at Large.
For Presidential Elector at Large.
For Presidential Elector, First District. •
For Presidential Elector, Second District.
For Presidential Elector, Third District.
For Presidential Elector, Fourth District.
For Presidential Elector, Fifth District.
For Presidenital Elector, Sixth District.
For Presidential Elector, Seventh District.
For Presidential Elector, Eighth District.
26 INSTBUOTIONS TO
For Presidential Elector, Ninth District.
For Presidential Elector, Tenth District.
For Presidential Elector, Eleventh District.
For Presidential Elector, Twelfth District.
For Presidential Elector, Thirteenth District.
For Governor.
For Lieutenant-Governor.
For Secretary of State.
For Auditor of State.
For Treasurer of State.
For Attorney-General.
For Clerk of the Supreme Court.
For Reporter of Supreme Court.
For Superintendent of Public Instruction.
For Chief of the Bureau of Statistics.
For State Geologist.
For Judge of the Supreme Court, First District.
For Judge of the Supreme Court, Second District.
For Judge of the Supreme Court, Third District.
For Judge of the Supreme Court, Fourth District.
For Judge of the Supreme Court, Fifth District.
For Judges of the Appellate Court, First District.
For Judges of the Appellate Court, Second District.
CONSTITUTIONAL AMENDMENTS.
LOCAL BALLOTS.
On the local tickets the names of the candidates should be in the
following order as far as applicable to the particular county :
For Representatives in Congress, Congressional District.
For Judge of the Circuit Court, Judicial Circuit.
For Judge of the Superior Court, Superior Court Dis-
trict.
For eJudge of Superior Court, County.
For Judge of the Criminal Court, County.
For Senator, County.
For Joint Senator, Counties.
For Representative, Coimty.
For Joint Representatives, Counties.
VOTifiltS A.ND ELECTION OFFICEKS. 27
For Clerk of the Circuit Court.
For County Auditor.
For County Treasurer.
For "Recorder.
For Sherilf.
For Coroner.
For County Surveyor.
For County Assessor.
For County Commissioner, First District.
For County Commissioner, Second District.
For County Commissioner, Third District.
For County Councilmen at Large.
For County Councilman, District.
TOWNSHIP BALLOT.
For Township Trustee.
For Township Assessor.
For Township Advisory Board.
For Justices of the Peace.
For Constables.
On the blank forms for canvassing provided by the County Au-
ditor, the names of the candidates should be arranged in the same
order.
EXPLANATION.
The references at the end of the sections are to Thornton's Re-
vised Statutes of 1897 ; Burns' Revised Statutes of 1894, 1901,
and 1905, and the Revised Statutes of 1881. The letters ''E. S."
refers to "Elliott's Supplement" of 1889.
Owing to the law of 1897 substituting the use of a blue pencil
for a stamp, in voting, the word "pencil" has been inserted im-
mediately after or before the word "stamp;" "marking," after
"stamping," and "marked," after "stamped," wherever these words
occur in the law of 1889 or in the amendments thereto.
-28-
CHAPTER 1.
SBC
1,
SE
1.
Elections free.
8.
2.
Qualificatious of electors.
9.
3.
Soldiers — Seamen — Marines.
10.
4.
Residence.
11.
5.
Abrogated.
12.
6.
Bribery.
13.
7.
Challenge to duel.
14.
CONSTITUTIONAL PROVISIONS.
ARTICI/E II— CONSTITUTION OF INDIANA.
Disfranchisement.
Effect of holding lucrative office.
Defaulters.
Pro tempore appointments.
Electors free from arrest.
Method of elections.
Time of elections.
1. Elections Free.
All election shall be free and equal.
2. Qualifications of Electors.
(As amended March 14^ 1881.) In all elections not other-
wise provided for by this Constitution, every male citizen of the
United States, of the age of twenty-one years and upwards, who
shall have resided in the State during the six months, and in the
township sixty days, and in the ward or precinct thirty days im-
mediately preceding such election, and every male of foreign birth,
of the age of twenty-one years and upwards, who shall have re-
sided in the United States one year, and shall have resided in the
State during the six months, and in the township sixty days, and
in the ward or precinct thirty days immediately preceding such
election, and shall have declared his intention to become a citizen
of the United States, conformably to the laws of the United States
on the subject of naturalization, shall be entitled to vote in the
township or precinct where he may reside, if he shall have been
duly registered according to law.
3. Soldiers — Seamen — Marines.
Xo soldier, seaman or marine in the army or navy of the
United States, or of their allies, shall be deemed to have acquired a
residence in the State in consequence of having been stationed
within the same ; nor shall any such soldier, seaman or marine have
any right to vote.
4. Residence.
No person shall be deemed to have lost his residence in the
State by reason of his absence, either on business of this State or
of the United States.
-29-
30 GEI^fiRAL LAWS
5. (Abrogated March 14, 1881.)
6. Bribery.
Everj person shall be disqualified for holding office during
the term for which he may have been elected who shall have
given or offered a bribe, threat or reward, to secure his election.
7. Challenge to Duel.
Every person who shall give or accept a challenge to fight a
duel, or who shall knowingly carry to another person such chal-
lenge, or who shall agree to go out of the State to fight a duel, shall
be ineligible to any office of trust or profit.
8. Disfranchisement.
The General Assembly shall have power to deprive of the
right of suffrage and to render ineligible any person convicted of
any infamous crime.
9. Effect of Holding Lucrative Office.
'No person holding a lucrative office or appointment under
the United States, or under this State, shall be eligible to a seat
in the General Assembly; nor shall any person hold more than one
lucrative office at the same 'time, except as by this Constitution ex-
pressly permitted : Provided, That offices in the militia, to which
there is attached no annual salary, and the office of deputy post-
master, where the compensation does not exceed ninety dollars per
annum, shall not be deemed lucrative: And provided, also. That
counties containing less than one thousand polls may confer the
office of Clerk, Recorder and Auditor, or any two of said offices,
upon the same person.
10. Defaulters.
No person who may hereafter be a collector or holder of pub-,
lie moneys shall be eligible to any office of trust or profit until he
shall have accounted for, and paid over according to law, all sums
for which he may be liable.
11. Pro Tempore Appointments.
In all cases in which it is provided that an office shall not be
filled by the same person more than a certain number of years
continuously, an appointment pro tempore shall not be reckoned a
part of that term.
12. Electors Free from Arrest.
In all cases, except treason, felony, and breaches of the peace,
electors shall be free ffom arrest in going to elections, during their
attendance there, and in returning from the same.
CONCERNING ELEOTIONB. 31
13. Method of Elections.
All elections by the people shall be by ballot, and all elec-
ticns by the General Assembly, or either branch thereof, shall be
viva voce.
14. Time of Elections.
(As amended March 14, 1881.) All general elections shall
be held on the first Tuesday after the first Monday in November ;
but tOA\Tiship elections may be held at such time as may be pro-
vided by law: Provided, That the General Assembly may pro-
vide by law for the election of all judges of courts of general and
appellate jurisdiction by an election to be held for such officers
only, at which time no other officer shall be voted for; and shall
also provide for the registration of all persons entitled to vote.
32
GENERAl. LAWS
CHAPTER 2.
ELECTIONS,
AKT.
1. General elections.
2. Special elections.
3. Townsliip elections.
ABT.
4. Re-counting.
5. Contest.
6. To secure purity of elections.
ARTICLE I— GENERAL ELECTIONS.
SBC.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
31.
When held— What offices filled.
Certificate of Clerk— Notice of Sher-
iflp.
Qualifications of electors.
Who disfranchised.
Soldiers, seamen and marines.
Residence.
Electors freedom from arrest.
Betting on elections.
Place of holding— Voters in pre-
cincts.
Boundaries of precincts— Change.
Officers of election.
Inspectors and election board.
Clerks of election.
Blank forms.
Oath of election board.
Administered by whom.
Inspector's duty— Administers oaths.
Ballot boxes.
Ballot boxes — How constructed.
Opening and closing election.
Where to vote. *
Polling precincts.
Giving information to poll-takers.
List of voters.
Withholding information— Penalty.
Deceiving poll-takers— Penalty.
Giving fictitious names— Penalty.
Proclamation of opening.
Election sheriffs.
State Board of Election Commis-
sioners.
County Board of Election Commis-
sioners.
Board's duties.
Signatures must be acknowledged.
Nominating petitions.
Preservation of petitions.
When to be filed.
Governor's certificate.
Resignation of nominees.
Constitutional amendments.
Form of ballots.
Nominee's name on ballot but once.
Candidate to elect nomination.
Resignation of candidates— Vacancy.
Vacancy in nominations.
Printer's duties— Penalty.
Distributing ballots.
Clerk's allowance.
Permitting ballots to be taken
away— Penalty.
Taking ballots away— Penalty.
Distribution of ballots.
Opening packages— Clerk's initials.
Cards— Instructions— Posting of bal-
lots.
Special messengers.
Failure of inspectors to appear.
Ballots lost.
Destroying ballots not used— Rec-
Rooms— Booths.
Who may stand near polls.
Arrest of illegal voter.
Perjury— False affidavit.
SEC.
75.
76.
77.
78.
79.
80.
81.
82.
84.
85.
86.
87.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
•119.
120.
121.
122.
123.
124.
Election holiday — Preventing em-
ploye voting.
Manner of voting.
Paster ballots.
Number of persons in booth— Spoil-
ing ballots.
Illiterate voters.
Distinguishing marks— Penalty.
Taking ballots from election room-
Penalty.
Counting and destroying unvoted
ballots.
Canvassing votes— Destroying bal-
lots.
Penalties for violating election law.
Penalties for Clerk, Inspector or
Messenger.
Entering election room— Remaining
close to polls.
Inducing voter to put mark on his
ballot.
Revealing how elector voted.
Inducing member of Board to vio-
late this act.
Removing or destroying election
supplies.
Electioneering — Revealing vote.
Officer violating his duty.
Constitutional amendments.
Preservation of affidavits.
Township and county elections.
City and township elections.
Holidays.
Laws repealel.
Duty of Board.
Adjournments forbidden.
Meals for election officers.
Certificate of judge.
Care of ballots.
Inspector, County and City Clerk,
duties.
Clerk's and Trustee's duties.
Board of Canvassers.
Officers of Board.
Clerical assistants.
Duties of Board.
Certificate.
Tie vote.
Defective papers— Duty of Board.
Evidence when heard, witness in
contempt.
Disputes, decision by Circuit Judge.
Certificate of election.
Defective returns— Commission.
Certificate of vote for Legislators.
Certificate of election of Legisla-
tors.
Tie vote for Legislators.
Certificate to Secretary of State.
Duty of Secretary of State.
Secretary of State and Governor as
to Congressman.
Clerks' duty as to election of Gov-
ernor.
Pay of officers.
CONCERNING ELECTIONS. 33
[1881, S., p. 482. Approved April 21, 1881. In force September 19, 1881.]
15. When Held— What Offices Filled.
1. A general election shall be held on the first Tuesday after
the first Monday in ^N^ovember in the year one thousand eight hun-
dred and eighty-two, and biennially thereafter on the same day,
at which election all existing vacancies in office, and all offices the
terms of which will expire before the next general election there-
after, shall be filled, unless otherwise provided by law. (R. S.
1901 §6190; R S. 1897 §6480; E. S. 1894 §6190; E. S. §4678.)
16. Certificate of Clerk— Notice of Sheriff.
2. The Clerk of the Circuit Court shall, at least twenty days
before such election, certify to the Sheriff of his county what offi-
cers are to be elected; and such Sheriif shall give fifteen days'
notice thereof, by posting up, at all usual places of holding such
elections, a copy of such certificate, and by one publication thereof
in some newspaper of his county, if any there be, and by deliver-
ing a copy thereof to the Township Trustee of each township
within the county. But no election shall be invalidated by the
failure of such Clerk or Sherifi^ in the performance of any of the
duties enjoined by this section. (E. S. 1901 §6191; E. S. 1897
§6481; E. S. 1894 §6191; E. S. 1881 §4679.)
17. Qualifications of Electors.
3. All elections shall be free and equal, and in all elections
every male citizens of the United States, of the age of twenty-one
years and upwards, who shall have resided in this State during the
six months, in the township sixty days, and in the ward or precinct
thirty days immediately preceding such election; and every male
of foreign birth, of the age of twenty-one years and upwards, who
shall have resided in the United States one year, and shall have
resided in this State during the six months, in the township sixty
days, and in the ward or precinct thirty days immediately preced-
ing such election, and shall have declared his intention to become
a citizen of the United States, conformably to the laws of the
United States on the subject of naturalization, — shall be entitled
to vote in the township or precinct where he may reside. (E. S.
1901 §6192; E. S. 1897 §6482; E. S. 1894 §6192; E. S. 1881
§4680.)
18. Who Disfranchised.
4. Every person undergoinjs: a sentence of imprisonment on
conviction for any felony or misdemeanor shall be disfranchised
during the period of such imprisoument. (E. S. 1901 §6193; E.
S. 1897 §6488; E. S. 1894 §6193; E. S. 1881 §4681.)
3
34 GENERAL LAWi
19. Soldiers, Seamen and Marines.
5. 'No soldier, seaman, or marine, in the army or navy of tht
United States or of their allies, shall be deemed to have acquired
a residence in the State in consequence of having been stationed
within the same ; nor shall any such soldier, seaman, or marine
have the right to vote. (R. S. 1001 §6194; R. S. 1897 §6484;
R. S. 1894 §6194; R. S. 1881 §4682.)
20. Residence.
6. No person shall be deemed to have lost his residence in
the State by reason of his absence either on business of this State
or of the United States. (R. S. 1901 §6195 ; R. S. 1897 §6485 ;
R. S. 1894 §6195; R. S. 1881 §4683.)
21. Elector's Freedom from Arrest.
7. In all cases, except treason, felony and breach of the
peace, electors shall be free from arrest in going to elections, dur-
ing their attendance there, and in returning from the same. (R.
S. 1901 §6196; R. S. 1897 §6486; R. S. 1894 §6196; R. S. 1881
§4684.)
[1857, p. 35. Approved March 4, 18.57. In force August 24, 1857.]
22. Betting on Election.
1. Any person who shall bet or wager any money or other
valuable property on the result of any election in this or any other
State, shall, upon conviction thereof, forfeit and pay to the State
of Indiana, for the benefit of the common school fund, any sum
not less than the amount so bet or wagered nor more than twice
said amount. (R. S. 1901 §6197; R. S. 1897 §6487; R. S. 1894
§6197; R. S. 1881 §4685.)
[1889, p. 157. Approved March 6, 1889. In force May 10, 1889.]
23. Precincts.
1. That the County Commissioners of each county in this
State shall, at their first session after the taking eifect of this Act,
divide the townships of their respective counties into election pre-
cincts, and establish the boundaries of the same. Such Board of
Commissioners shall designate at least one place of holding elec-
tions in each toT\Tiship, and every township in which only one
place of holding elections is designated shall constitute a precinct.
There shall be but one voting place in a precinct. Each precinct
shall contain, as nearly as practicable, two hundred electors, based
on the number of votes cast at the last election for presidential
electors ; but no precinct shall contain more than two hundred and
fifty electors. If at any election hereafter two hundred and fifty
or more votes shall be cast at any voting place, it shall be the duty
COMCWiNlWQ BiLBOTlOiCB. '^^
of the Inspector in such precinct to report the same t© the Board
of County Commissioners, who shall, at their next regular meet-
ing, divide such precinct as equally as possible so that the new
precincts formed thereof shall each contain two hundred electors,
as nearly as practicable ; but no precinct shall contain more than
two hundred and fifty electors, and shall report such division to the
Clerk of the Circuit Court of such county, and to the Governor
of the State, together with the estimated number of votes in each
of the new precincts. If such Board shall fail to act as herein di-
rected, any qualified voter of the county may apply for a writ of
Mandamus to compel a performance of this duty. (R. S. 1901
§6198; E. S. 1897 §6488; R. S. 1894 §6198; E. S. §1323.)
Note — Precincts in which voting machines are used may contain six
hundred votes. Acts 1903, p. 278; R. S. 1905 §0329.
[1891, p. 154. Approved March G, 1891. In force June 3, 1891.]
24. Boundaries of Precincts — Changes.
2. The Board of Commissioners of any county may change
the boundaries of any precinct within such county, or divide any
precinct into two or more precincts, or consolidate two or more
precincts into one, or change any place of holding elections when-
ever public convenience or the public good may require it: Pro-
vided, That no such change, division or consolidation shall be made
after the June term of such Commissioners' Court next preceding
an election: And, Provided further, That no such change, divi-
sion or consolidation shall be valid without giving due notice, at
least one month before any election, by one publication in two
newspapers published in said county, representing the two politioal
parties which cast the highest number of votes in the State at the
last general election, and by posters put up in four of the most
public places in each precinct: And, Provided further. That no
precinct shall be enlarged so as to contain more than two himdred
and fifty electors. (R. S. 1901 §6199: E. S. 1897 §6489; R. S.
1894 §6199.)
[1897, p. 199. Approved and in force March 6, 1897.]
25. Election OflBcers.
3. Township Trustees shall, by virtue of their office, be In-
spectors of Election? in the precincts in which they respectively
reside, and shall, prior to the opening of the polls in such pre-
cincts, appoint as Judges of Elections two qualified electors of
such precinct, who shall have been freeholders and resident house-
holders therein for at least one year, or householders for at leafft
two years next preceding such election, and who are members of
different political parties and of the parties which cast the highest
number of votes in the State at the precodinc: general election:
36 GENERAL LAWS
Provided, If no persons that are qualified will consent to serve as
such Judges or that if there are no persons residing in any pre-
cinct qualified to act as Judges of Election, by reason of the fact
that they have not been resident householders within such precinct
for one year, then in that case the Township Trustee shall appoint
two qualified electors of such precinct as such Judges : And, Pro-
vided further. That if at least one week or more prior to such elec-
tion the Chairman of the County Central Committee of either
of the two parties that cast the largest number of votes in the
State at the last general election shall designate a member of such
party as Judge, having the same qualifications as above prescribed,
he shall be appointed, and such Judges, together with the Inspec-
tor, shall constitute a Board of Election. 'No person shall be
eligible as a member of the Board of Election who has anything
of value bet or wagered on the result of such election, or is a can-
didate to be voted for at such election, or who is father, father-*
in-lav/, son, son-in-law, grandfather, grandson, brother, brother-
in-law, uncle, nephew, first or second cousin of any candidate at
such election. If at any time before, or during an election, it
shall be made to appear to any Inspector, by the afiidavit of two
or more qualified electors of , the precinct, that either of the Judges
is disqualified under the provisions of this Act, he shall at once re-
move such Judge and fill the place with a qualified person of the
same political party as the Judge removed ; and, in case such dis-
qualified Judge shall have taken the oath of office hereinafter pre-
scribed, the Inspector shall place such oath and afiidavit before the
next grand jurv of the county. (R. S. 1901 §6200; R. S. 1897
§6490.)
[1901, p. 437. Approved March 11, 1901. In force May 16, 1901.]
26. Inspectors and Election Board.
A. Whenever any Board of County Commissioners shall
designate more than one precinct in any township, it shall, at the
September term of said Board, next preceding any election, ap-
point in each precinct in which no township trustee resides, as In-
spector of such election, some qualified voter of such precinct, who
.shall have been a freeholder and resident householder in such pre-
cinct for at least one 3^ear, or a resident householder for at least two
years next preceding such election : Provided, That if no person
thus qualified, will consent to serve as such Inspector or if there is
no person residing in any precinct qualified to act as Inspector, by
reason of the fact that he has not been a freeholder and resident
householder in snch precinct for one year, or a resident house-
holder in such precinct for two years preceding such election, such
Board of County Commissioners shall appoint some qualified
elector of such precinct as such Inspector. Such Board of County
CONCERNING ELECTIONS. O i
Commissoiners shall hold a special session one week before each
election, and shall fill all vacancies that may have occurred in the
office of Inspector, and shall fill any vacancy occurring thereafter
at any regular or called session of the Board previous to the elec-
tion. Such appointed inspector shall, before the time of opening the
election in his precinct, appoint two Election Judges, if the same
have not already been appointed, as hereinbefore provided, in the
same manner and under the same requirements as provided for
Township Trustees acting as Inspectors ; and such Judges and In-
spectors shall constitute the Board of Election for such precinct.
If any member of an Election Board shall fail to appear at the
hour appointed for the opening of the polls, the remainder of the
Board shall select a member of his political party to serve in his
stead: Provided, That if the qualified electors of his party pres-
ent at the poJls shall nominate a qualified person for such vacancy ;
such nominee shall be appointed. If none of the members of an
Election Board shall appear at the hour appointed for opening
the polls, the qualified electors present shall elect a Board viva
voce, as nearly as possible in conformity with the provisions here-
of. (R S. 1901 §6201.)
[1889, p. 157. Approved March 6, 1889. In force May 10, 1889.]
27. Poll Clerks.
5. Such Board of Election shall appoint as Poll Clerks two
qualified electors of such precinct, one from each of the two parties
that cast the largest vote in the State at the last general election :
Provided, That if, four days or more prior to such election, the
Chairman of the County Central Committee of either of the two
parties that cast the largest number of votes in the State at the
last general election shall designate a member of such party as
Poll Clerk, such nominee shall be appointed. (K. S. 1901 §0202 ;
R. S. 1897 §6492; R. S. 1894 §6202; E. S. §1327.)
28. Blaaik Forms.
6. The Auditor of each county in the State shall make out
and cause to be delivered to the Inspectors of the several precincts
in their respective counties, at least ten days previous to any elec-
tion, a suitable number of blank forms of poll books, containing
one column headed "IN'ames of Voters,'^ and an additional column
headed "Number of Voters" [votes], and also forms of election
returns, with the proper captions, forms of oaths, and forms of
certificates and tally papers necessary to be used in all elections
hereafter held in this State. (Ji. S. 1901, §6203; R. S. 1897,
§6493; R. S. 1894, §6203; E. S.^, §1328.)
38 GENERAL LAWS
29. Officers' Oaths.
7. Before any election shall be opened, the Inspector and
Judges shall each make oath to support the Constitution of the
United States and of this State ; to faithfully and impartially dis-
charge the duties assigned by law ; that they will not knowingly
permit any person to vote who is not qualified, and not knowingly
refuse the qualified vote of any elector, or cause any delay to per-
sons offering to vote, further than is necessary to procure satis-
factory information of the qualification of such person as an elec-
tor ; that they will not disclose or communicate to any person how
any elector voted or how any ballot was folded, marked or
stamped ; and that they are now and for one year next preceding-
have continued to be bona fide residents and freeholders, or bona
fide householders, for at least two years, of the township in which
such precinct is situated ; and that they have nothing of value bet
or wagered upon the result of said election, and are not candidates
at said election, and that they are not related to any person to be
voted for at said election Within the degrees named in section three
of this Act; which oath shall be in writing or printed, and shall
be subscribed and executed before some person authorized by law
to administer oaths, which officer shall attach thereto his jurat;
and such oath shall then be attached to the poll book, and with it
return [returned] to the Clerk's office of his county, as hereinafter
provided.
Which oath shall be in the following form :
State of Indiaka,
County.
I do solemnly swear (or affirm, as the case may be) that I will
support the Constitution of the United States and of this State ;
that I will faithfully and impartially discharge the duties as In-
spector or Judge of election assigned by law ; that I will not know-
ingly permit any person to vote who is not qualified, and will not
knowingly refuse the vote of any qualified elector, or cause any
delay to persons offering to vote further than is necessary to pro-
cure satisfactory information of the qualification of such person as
an elector ; that I am now and have been continuously for one
year next preceding this date a bona fide resident freeholder (or
a bona fide resident householder for at least two years next pre-
ceding this date) of the township in which the precinct in which
I am to act as a member of the Election Board is situated; and
that I will not disclose or communicate to any person how any
elector has voted at such election, or how any ballot has been
folded, [or] marked or stamped;* that I have nothing of value
♦The word "stamped" is repealed.
CONCERNING ELECTIONS. 39
bet or wagered upon the result of said election, and am not a can-
didate at this election, and am not related to any person to be
voted for at this election within the degree named in section three
of the election law.
Subscribed and sworn to before me this day
of
(R. S. 1901, §6204; R. S. 1897, §6494; R. S. 1894, §6205; E.
S.,§1329.)
30. Administering Oaths.
8. If no person present be authorized by law to administer
the oath of office, the Inspector shall administer the same to the
Judges, and one of such Judges shall then administer said oath to
the ^Inspector. (R. S. 1901, §6205; R. S. 1897, §6495; R. S.
1894, §6205; E. S., §1330.)
31. Duties of Inspector.
9. • The Inspector shall be Chairman of such Board, and be-
fore the reception of any votes shall administer an oath to the
Clerks of the election that they will faithfully discharge their
duties as such. After the organization of the Board of Election
the Inspector may administer all necessary oaths which may be re-
quired in the discharge of its duties, and all oaths shall be written
or printed, and shall be signed by the persons making such* oaths
in the presence of such Board of Elections, and the person admin-
istering such oaths shall affix his jurat thereto, and said affidavit
shall be attached to and returned with the poll list to the office of
the County Clerk. The oaths herein prescribed for the Clerk of
Elections shall be in the fgllowing form, namely:
State of Indiana, 1
County. /
I do solemnly swear (or affirm, as the case may be) that 1 will
faithfully and honestly discharge my duties as Clerk of the elec-
tion precinct and ward ( . or
township) in . county, Indiana, and that I ^vill not dis-
close or communicate to any person how any elector voted, or how
any ballot Avas folded, [or] marked or stamped.*
Subscribed and sworn to before me this day of ,
(R. S. 1901 §6206; R. S. 1897 §6497; R. S. 1894 §6207;
E. S. §1331.)
♦The word "stnTTiped" Is repealed.
40 GENERAL LAWS
32. Ballot Boxes.
10. The Board of County Commissioners of each county
shall provide, at the expense of the county, two ballot boxes, one
painted red, for the reception of the ballots prepared by the State
Board of Election Commissioners, and one painted white, for the
reception of the ballots prepared by the County Board of Election
Commissioners for each precinct; each ballot box shall have at
least two locks of diiferent kinds and combinations, so that the
key of one will not unlock the other, and be otherwise so con-
structed as to contribute toward the prevention of fraud. (E. S. •
1901, §6207; E. S. 1897, §6497; E. S. 1894, §6207; E. S.
§1332.)
33. Ballot Boxes, How Constructed — Keys.
11. An opening shall be made in the lid of each box suffi-
cient only for a single ballot; and, at the time the election is
opened, the Inspector and Judges shall see that there are no
ballots in the box before the voting begins, and shall thereupon
securely lock the box, and give one key to one of the Judges who
is in politics opposed to the Inspectors, the Inspector retaining the
other key; and the same shall not be again opened until the poll^^
are closed, and the Board is»j*eady to immediately proceed with the
counting. (E. S. 1901, §6208; E. S. 1897, §6498; E. S. 1894,
§6208 ,' E. S. §1333.)
[Acts 1899, p. 539. In force April 28, 1899.]
34. Opening^ Polls — Closing.
12. The election shall be opened in the forenoon at the hour
of six o'clock and continue open until four o'clock in the afternoon,
after which the Board may close the election at any time, when all
the electors have voted, or when fifteen minutes have passed with-
out a vote having been tendered ; but the polls shall, in no case, be
kept onen after six o'clock of the afternoon ; and the polls shall not
be closed after four o'clock and before six o'clock except by the
unanimous consent of all the members of the Election Board; but
whenever the polls are closed, proclamation must be made of the
fact of such closing by the Inspector, to the people outside, in a
loud and audible tone of voice, and a minute of such proclamation,
and of the time when the same was made, must be entered on the
tally papers by the Clerks, and after such minute has been made
no more votes shall be received. (E. S. 1901, §6209.)
35. Where Elector Votes.
3 3. Each elector shall vote by ballot in the precinct where
CONCERNING ELECTIONS. 41
he resides. (R. S. 1901, §6210; R. S. 1897, §6500; R. S. 1894,
§6210; E. S. §1335.)
1. The remainder of this section and the amendment of 1891 (p. 350)
were declared unconstitutional. Morris vs. Powell, 125 Ind. 281; and
Brewer vs. McClellan, 144 Ind. 423.
[1897, p. 274. Approved March 8, 1897. In force April 14, 1897.]
36. Polling Precincts.
1. Any political or civic party, association or organization
may, at any time prior to any general or other election, take a poll
of voters qualified to vote at the next ensuing election, in any dis-
trict, county, township, municipality, ward, precinct or precincts
of the State : Provided, The chairman or president, or other chief
officer of the party, association or organization, taking such poll
shall issue to the person or persons employed in taking the poll a
certificate showing the nature of such employment and the party,
organization or association for which such poll is to be taken.
(R. S. 1901, §6336 ;'R. S. 1897, §6501.)
37. Giving Information to Poll-Takers.
2. It shall be the duty of every person to whom application
is made for information in regard to such poll to furnish to the
poll-taker, upon the exhibition of such certificate, all information
in the possession of the person to whom application is made with
regard to the names, residence, and other qualifications in regard
to voting of any and every person within such district, county,
township, municipality, ward or precinct ; and it shall be the duty
of every proprietor or manager of every boarding house, lodging
house, restaurant, hotel, building or other place within which per-
sons are lodged, to obtain a complete and accurate list of all legal
voters domiciled in such boarding house, lodging house, hotel, or
other place, not less than sixty days prior to each election, whicli
list shall state the name, age, occupation, place of business, and
place of previous residence, with the length of residence in the
State, county, township, precinct and ward, of each person named
thereon, and such list shall be retained by such owner or manager
of such boarding house, lodging house, hotel or other building for
the period of not less than forty days thereafter, and, upon appli
cation, shall be submitted to the inspection of each and every poll-
taker who may demand the same. Every person who shall violate
the provisions of this section may be fined in any sum not less than
one dollar nor more than twenty-five dollars, to which may he
added imprisonment in the coimt;y jail or workhouse for a period
not exceeding ten days. (R. S. 19(U, §6337 ; R. S. 1897, §6502.)
42 . GENERAL LAWS
38. List of Voters.
3. It shall be the duty of each and every poll-taker so ap-
pointed to mak<:j a full, true and complete list of all persons whose
names are reported to him as voters, with such comments as he may
deem proper as to their respective qualifications. (R. S. 1901,
§6338; R S. 1897, §6503.)
39. Withholding Information — Penalty.
4. Any person who shall withhold any information in his
or her possession from any poll-taker with regard to the qualifica-
tions of any voter or voters or other person or persons not entitled
to vote, upon the demand of such poll-taker, shall be fined in any
sum not less than one nor more than twenty-five dollars, to which
may be added imprisonment not exceeding thirty days. (R. S.
1901, §6339; E. S. 1897, §6504.)
40. Deceiving Poll-Taker — Penalty.
5. Every person who shall knowingly furnish to any poll-
taker any false information with regard to the qualifications of
any person or persons for voting, or shall knowingly return to such
poll-taker as voters any false names, or the names of any persons
who are dead or are not voters shall be fined in any sum not less
than one nor more than twenty-five dollars, to which may be
added imprisonment in the county jail for a period not exceeding
six months. (R. S. 1901, §6339a; R. S. 1897, §6505.)
41. Returning Fictitious Names — Penalty.
6. Every poll-taker who shall knowingly return the name of
any person who is not entitled to vote in the precinct or district
for which such poll is taken at the election immediately ensuing,
or any fictitious name, or the name of any dead person, shall be
fined in any sum not less than ten nor more than five hundred dol-
lars, to which may be added imprisonment in the county jail or
workhouse for a period not exceeding six months. (R. S. 1901,
§6339b;R.S. 1897, §6506.)
[1889, p. 157. Approved March 6, 1889. In force May 10. 1889.]
42. Proclamation of Opening Polls.
14. Before receiving the ballot of any elector the Board of
Election shall cause to be proclaimed that such election is opened.
(R. S. 1901, §6211 ; R. S. 1897, §6507 ; R. S. 1894, §6211 ; E. S.,
§1336.)
[1891, p. 124. Approved March 6, 1891. In force .Tune 3. 1891.]
43. ''Election Sheriffs."
15. It shall be the duty of the Sheriff of each county to ap-
CONCERNING ELECTIONS. 48
poiut, tive days prior to each election, two special deputies for each
precinct in the county, to be known as Election Sheriffs, who shall
attend the polling places in their respective precincts from the
opening of the polls to the conclusion of the count. It shall be
their duty to preserve order at the polls and enforce the provisions
of the election law under the direction of the Election Board, and
make arrests on the demand of a member of the Board, or on affi-
davit, as hereinafter provided. One of such Election Sheriffs shall
be chosen from each of the two parties that cast the largest num-
ber of votes in the State at the last general election ; and if at
least five days prior to such election the Chairman of the County
Central Committee of either of such parties shall nominate a mem-
ber of his party for Election Sheriff in any precinct, such nominee
shall be appointed. If any Election Sheriff shall fail to appear
at the opening of the polls, the member or members of the Elec-
tion Board of his political party shall appoint a person to act in
his place. Compensation of one dollar and fifty cents per day
shall be allowed to each Election Sheriff by the Board of County
Commissioners, but no such Election Sheriff shall be allowed for
more days' service than members of the Election Board in the
same precinct are allowed. ISTo other peace officers of the State,
or any division thereof, shall be allowed within fifty feet of the
polls, except to serve process of Courts or to vote, unless sum-
moned by the Election Sheriffs. 'No person other than the elec-
tion officers shall remain within fifty feet of the polls, except when
voting: Provided, That each political party may appoint one
challenger and one poll-book holder for each precinct, who shall
be entitled to stand at the sides of the chute next to the challenge
window. Such challenger and poll-book holder shall be appointed
in writing by the Chairman of the county or other local commit-
tee of their political party, and shall produce written appointments
on demand of a member of the Election Board. It shall be law-
ful for a political party to pay such challenger and poll-book hold-
er not more than three dollars for services at any election, but not
more than one person of any one party shall be paid for services
in either such capacity in any precinct, and no challenger or poll-
book holder shall receive any compensation for such services, ex-
cept from the political party he represents. (R. S. 1001, §6212 ;
R. S. 1897, §6508; B. S. 1894, §6212.)
[1880, p. 157. Approved March 0, 1889. In force May 10, 1889.]
44. State Board of Election Commissioners.
16. The Governor of the State, and two qualified electors
by him appointed, one from each of the two political parties that
east the largest number of votes in the State at the last preceding
44 GENERAL LAWS
general election^ shall constitute a State Board of Election Com-
missioners. Snch appointments sliall be made at least thirty days
prior to each general election, and if, prior to that time, the Chair-
man of the State Central Committee of either of snch parties shall
nominate in writing a member of his own party for such appoint-
ment, the Governor of the State shall appoint such nominee. In
case of death or disability of either appointee, the Governor of the
State shall notify the Chairman of the said Central Committee of
such appointee's political party, and such Chairman may, within
tliree days thereafter, recommend a successor, who shall thereupon
be appointed: Provided, That if such Chairman shall fail to
make recommendations of appointment within the time specified,
the Governor of the State shall make such appointment of his own
selection from such political party. It shall be the duty of said
Board to prepare and distribute ballots and stamps for election of
all officers for whom all the electors of the State are entitled to
vote, in compliance with the provisions of the election law. The
members of such Board shall serve without compensation. (R. S.
1901, §6213; R. S. 1897, §6509; R S. 1894, §6213; E. S.,
§1338.)
45. County Board of Election Commissioners.
IT. In each county in' the State, the Clerk of the Circuit
Court and two persons by him appointed, one from each of the tAvo
political parties that cast the largest number of votes in the State
at the last general election, shall constitute a County Board of
Election Commissioners. Said appointments shall be made in all
respects as appointments to the State Board of Election Commis-
sioners are required to be made by the Governor of the State, ex-
cept that the privilege of nomination shall belong to the Chair-
man of the County Central Committees of the two parties afore-
said. It shall bo the duty of such Board to prepare and distribute
ballots for election of all officers to be voted for in such county
other than those who are to be voted for by all the electors of the
State, in compliance with the provisions of this Act. The mem-
bers of such Board shall serve without compensation. (E. S.
1901, §6214; R. S. 1897, §6510; R. S. 1894, §6214; E. S.,
§1339.)
46. Board's Duties.
18. The said Board of Election Commissioners shall cause
to be printed on the respective ballots the names of the candidates
nominated by the conventiops of any party that cast one per cent,
of the totnl vote of the State at the last preceding general election,
as certifiofl to said Boards by the presiding officer and secretary
of such conv^^ntion, or in case of primary election, by the chairman
CONCERNING ELECTIONS. 45
and secretary of any county or township committee ; and also the
names of any candidates for any ofSce when petitioned so to do by
electors qualified to vote for such candidates, as follows: For a
State officer, or any officer for whom all the electors of the State
are entitled to vote, five hundred petitioners ; for a representative
in Congress from any Congressional District, two hundred peti-
tioners; for a county officer, member of the General Assembly,
Circuit Judge or Prosecuting x\ttorney, twenty-five petitioners;
for an officer of a township, ward or other division less than a
county, twenty petitioners. The signatures to such petition need
not bo appended to one paper, but no petitioner shall be counted,
except his residence and postoffice address be designated. Such
petition shall state the name and residence of each of such candi-
dates ; that he is legally qualified to hold such office ; that the sub-
scribers desire and are legally qualified to vote for such candi-
dates; and may designate a brief name or title of the party or
principle which said candidates represent, together with any simple
figure or device by which they shall be designated on the ballots.
The certificate of nomination by a convention or primary election
shall be in vn'iting, and shall contain the name of each person nom-
inated, his residence and the office for which be is nominated, and
shall designate a title for the party or principle which such con-
vention or primary election represents, together with any simple
figure or device by which its list of candidates may be designated
on the ballots; said certificate shall be signed by the presiding
officer and secretary of such convention, or by the chairman and
secretary of the county, city or township committee, who shall add
to their signatures their respective places of residence, and ac-
knowledge the same before an officer duly authorized to take
acknowledgments of deeds. If the certificate of nomination of
any State convention shall request that the figure or device se-
lected by such convention be used to designate the candidates of
such party on the ballots for all elections throughout the State
such figure or device shall be so used until changed by request of
a subsequent State convention of the same party. Such device
may be the figure of a star, an eagle, a plow, or some such appro-
priate symbol, but the coat of arms or seal of the State or of the
United States, the national flag, or any other emblem common to
the people at large shall not be used as such device. A certificate
of such acknowledgment shall be appended to such instrument.
In case of death, resignation or removal of any candidate subse-
quent to nomination, unless a supplemental certificate or petition
of nomination bo filed, the chairman of the State, county, city or
township committee shall fill such vacancy. In case of a division
in any pai-ty, and claim by two or more factions to the same party
46 eiNXBAL LAWf
name, or title, or figure, or device, the Board of Election Com-
missioners shall give the preference of name to the convention held
at the time and place designated in the call of the regularly con-
stituted party authorities, and if the other faction shall present
no other party name, title or device the Board of Election Com-
missioners shall select a name or title, and place the same before
the list of candidates of said faction on the ballot, and select some
suitable device to designate its candidates. If two or more con-
ventions be called by authorities claimed to be the rightful author-
ties of any party, the proper Board of Election Commissioners
shall select some suitable devices to distinguish one faction from
the other, and print the ballots accordingly: Provided, however,
That if any political party entitled to nominate by convention shall
in any case fail to do so, the names of all nominees by petition for
any office who shall be designated in their petitions as members of
and candidates of such party, shall be printed under the device and
title of such party on the ballots, as if nominated by convention.
Certificates and petitions of nom.ination of candidates for offices to
be voted [for] by the electors of the entire State shall be filed with
the Governor of the State. Certificates and petitions of nomina-
tion of candidates for offices to be voted for by electors of any
district or division of the Stat^ exclusively shall be filed with the
Clerks of the Circuit Courts of the counties or county included
in or including such district or division. (II. S. 1901, §6215 ; R.
S. 1897, §0511; R. S. 1894, §6215; E. S. §1340.)
[Acts 1905, p. 193.]
47. Signatures to Petition Must Be Acknowledged.
12. No name upon any petition for nomination shall be con-
sidered by the city or county Board of Election Commissioners
unless the same be signed by the petitioner in person of by his
mark duly attested, and no petition for nomination shall be effect-
ual to authorize the name petitioned for to appear upon the official
ballot unless the signatures^ of such petition to the number required
by law shall be ^luly acknowledged before some officer authorized to
take acknowledgments. (R. S. 1905, §6275f.)
48. Nominating Petitions.
19. [This section is superseded by Sec. 55.]
[1889, p. 157. Approved May 6, 1889. In force May 10, 1889.]
49. Preservation of Petitions.
20. The Governor of the State and County Clerks shall
cause to be preserved in their respective offices all certificates and
petitions of nominations filed therein under the provisions of thi«
CONOEKJIIJSG ELECTIONS. 47
Act for six months after the election for which such nominations
were made. (K. S. 1901, §6217 ; R S. 1897, §6513 ; R. S. 1894,
§6217; E. S. §1342.)
50 When to Be Filed.
21. Certificates and petitions of nomination filed with the
Governor of the State shall be filed not more than sixty days, and
not less than twenty days, before the day fixed by the law for the
election of the persons in nomination. Certificates and petitions
of nomination herein directed to be filed with the Clerk of a coimty
shall be filed not more than sLxty and not less than fifteen days be-
fore election. (R. S. 1901, §6218; R. S. 1897, §6514; R. S.
1894, §6218; E.S. §1343.)
51. Governor's Certificate.
22. Xot less than eighteen days before an election of the
State to fill any public office for which all the electors are entitled
to vote the Governor of the State shall certify to the County Clerk
of each county the name and tlie place of residence of each person
nominated for such office, as specified in the certificates and peti-
tions of nominations filed with the Governor of the State, and shall
designate therein the device under which the group or list of candi-
dates of each party Avill be printed, and the order in which they
will be arranged. (R. S. 1901, §0219; R. S. 1897, §6515; R. S.
1894, §6220; E. S. §1344.)
1. The next section of the original act is repealed. It was Section
23. See 1801, p. 120; 1893, p. 154.
52. Resignations of Nominees.
24. The Governor of the State shall not certify the name of
a candidate whose certificate of nomination shall have been filed
in hid office who shall have notified him in a writing signed and
executed with the formalities prescribed for the execution of an
instrument to entitle it to record that he will not accept the nomi-
nation contained in the certificate or petition of nomination. The
County Clerk shall not include in the publication to be made
according to section twenty-three hereof the name of any candidate
whose certificate or petition of nomination shall have been filed
in his office who shall have notified him in like manner that he
will not accept the nomination. The names of such candidates
shall not be included in the names of the candidates to be printed
in the ballots as hereinafter provided. (R. S. 1901, §6220 ; R. S.
1897, §6516; R. S. 1894, §6220; E. S. §1346.)
53. Constitutional Amendments.
25. Whenever a proposed constitutional amendment or other
question is to be submitted to the people of the Stat;e for popular
48 GEIOIBAL LAWB
vote, the Secretary of State shall duly, and not less than thirty
days before election certify the same to the Clerk of each county in
the State, and the Clerk of each county shall include the same in
the publication provided for in section 23 in this Act. (R. S.
1901, §6221; E. S. 1897, §6517; R. S. 1894, §6221; E. S.
§1347.)
[1897, p. 49. Approved February 23, 1897. In force April 14, 1897.]
54. Form of Ballots.
1. The Board of Election Commissioners of the State of
Indiana, the Boards of Election Commissioners of the several
counties of the State and the Board of Election Commissioners of
the several cities and towns of the State of Indiana shall cause the
names of all candidates of their respective jurisdictions to be
printed on one ballot, all nominations of any party or group of
petitioners being placed under the title and device of such party
or petitioners as designated by them in their certificate or petition,
or if none be designated, under some title and device. The ballots
shall be of uniform size and of the same quality and color of
paper, and sufficiently thick that the printing can not be distin-
guished from the back. All ballots prepared by the State Board
of Election Commissioners shall be printed on red tinted paper,
and put up in blocks of one hundred each. All ballots prepared
by the County Boards of Election Commissioners shall be printed
on white paper, except the ballots to be used in the election of
township officers shall be printed on yellow paper. If the same
device for designating candidates be selected by two parties or
groups of petitioners, it shall be given to the one which first se-
lected it, and a suitable device shall be selected for the other. The
device named and list of candidates of the Democratic party shall
be placed in the first column on the left-hand side of said ballot;
and of the Republican party in the second column; and of any
other party in such order as the Board of Election Commissioners
shall decide. The device of each party shall be enclosed in a
circle of not less than one and one-half inches in diameter, and
shall be placed at the head of the list of candidates of the party,
and the following words shall be printed around the outer edge of
each of said circles, to wit:
"To vote a straight ticket make a X [within] in one circle and
not elsewhere.''
Immediately under it shall be placed the name or title of the
party ticket, and immediately under the name or title the list of
candidates of the party, such names being placed three-fourths of
one inch apart from center to center of the name, the name of
each candidate having immediately on its left a square three-
OONOBBHING BLEOTIONS.
49
eighths of an inch on each side, and the general arrangement of
the ballots shall conform as near as possible to the following:
^v^^^JL^v,
y^eaXwitj^.
DEMOCRATIC TICKET.
REPUBLICAISr TICKET.
I DEM. I
For Governor,
BENJAMIN F. SHIVELEY.
I REP.
For Governor,
JAMES A. MOUNT.
(R. S. 1901, §6222; R. S. 189Y, §6518.)
55. Nominee's Najne on Ballot but Once.
2. If any certificate or petition of nomination shall con-
tain the name of more than one candidate for any office to be filled,
neither name shall be printed as a candidate for such office. If
any person shall join in nominating by petition nTore than one
nominee for any office to be filled such person shall not be counted
as a petitioner for either nomination. The name of any person
who has been selected or nominated as a candidate for any office,
by convention, petition or otherwise, shall not appear in more
than one place, and but once upon a ballot. If any person has
been nominated as a candidate for the same office, both by peti-
tion and by convention, his name shall be placed on the ballot but
once, to wit: In the list of candidates nominated by such con-
vention; and the place occupied by his name in such petition
shall be left blank: Provided, That if such candidate shall, in
writing, signed and acknowledged before some person authorized to
take acknowledgments, prior to the last day for filing nominations,
request that his name be printed as nominated by petition, it shall
be so printed, and shall be omitted from the list nominated bv
convention. (R. S. 1901, §6216; R. S. 1897, §6519.)
56. Cajididate to Elect Nomination.
5. Whenever any person has been nominated by two or
more parties either by convention, petition or otherwise, he shall
50 GENERAL LAWS
make his election as to which of such nominations he will accept,
in writing signed and acknowledged before some officer authorized
to take acknowledgments, and file the same with the proper Board
of Election Commissioners. Where a person has been so nomi-
nated for an office for which all electors of the State may vote, he
shall file his election with the State Board of Election Commis-
sioners, not more than sixty nor less than twenty days, before the
day fixed by law for the election of the persons in nomination;
and when a person has been so nominated for an office, wherein it
is required by law to file the certificate or petition of such nomi-
nation, with the County Clerk, he shall make and file his election
with the Clerk of the county in which nomination is made, if
for a county office, and with the clerks of all the counties of the
district if for a district office, not more than sixty days nor less
than fifteen days before election. And if a person so nominated
shall not make and file his election as herein provided, with the
proper Board of Election Commissioners, said board shall make
such election for him, giving preference to the nominations made
by conventions. And after such election is made, the Board of
Election Commissioners shall place the name of such person in
the list of nominees undei; the party name and device as indicated
by him or the Board of Election Commissioners, and under no
other device and not elsewhere upon the ballot. (R. S. 1901,
§G220b; R. S. 1897, §6520.)
57. Resignations of Candidates — Vacancy.
4. If any candidate whose nomination has been certified ac-
cording to law shall wish to resign from such ticket, he shall file
his resignation in writing with the officer with whom such certifi-
cate of nomination was filed within three days after the filing of
such certificate of nomination, and any resignation filed after the
time mentioned in this section shall not be considered by the
Board of Election Commissioners: Provided, That no resigna-
tion shall be filed with or received by the State Board of Election
Commissioners within twenty days immediately preceding an elec-
tion. And that no resignation shall be filed with or received by
any County Board of Election Commissioners within fifteen days
immediately preceding an election : Provided, further, That
should any vacancy on the ticket occur by reason of the death of
any candidate whose name has been legally certified, such vacancy
shall be filled as now provided by law. (R. S. 1897, §6521.)
[1889, p. 157. Approved March 6, 1889. In force May 10, 1889.]
58. Vacancy in Nominations.
27. In case of the death, removal or resignation of any can-
didate after the printing of such ballots and before such election,
CONCERPflNO ELECTIONS. 51
it shall be lawful for the chairman of the State, district or county
political organization of which such candidate was a member to
make a nomination to fill such vacancy, and provide the Election
Board of each precinct in which such candidate is to be voted for
with a number of pasters containing only the name of such candi-
date at least equal to the number of ballots provided each pre-
cinct, but no pasters shall be given to or received by any one ex-
cept such Election Board and such chairaian, and it shall be the
duty of the Polling Clerk to put one of such pasters, in a careful
and proper manner and in the proper place, on each ticket before
they shall sign their initials thereon. (R. S. 1901, §6223 ; R. S.
1897, §6522; R. S. 1894, §6223; E. S., §1349.)
59. Printer's Duties — Penalty.
28. If the printer of such ballots, or any person employed in
printing the same, shall give or deliver, or knowingly permit to
be taken, any of said ballots by any person other than a member
of the Board of Election Commissioners for which such ballots are
being printed, or shall print or cause or permit to be printed any
ballot in any other form than the one prescribed by this Act, or
with any other names thereon, or with the names spelled or the
names or devices thereon arranged in any other way than that
authorized and directed by the said Board of Election Commis-
sioners, he shall be guilty of felony, and on conviction thereof shall
be imprisoned in the State penitentiary not less than three nor
more than ten years, and be disfranchised for any determinate
period not less than ten vears. (R. S. 1901, §6224 ; R. S. 1897,
§6523; R. S. 1894, §6224; E. S., §1350.)
[1891, p. 124. Approved March 0, 1891. In force .Tune 3. 1891.]
60. Distributing Ballots.
29. It shall be the duty of each County Clerk to appear in
person, or by specially authorized deputy, bearing credentials
given under the seal of the Circuit Court, at the office of the Gov-
ernor of the State not more than sixteen nor less than ten days
prior to each general election, and the State Board of Election
Commissioners shall thereupon deliver to the said Clerk ten bal-
lots for every five voters and a fraction thereof in each precinct
of his county at the last presidential election, or if a new precinct
has been established in such county, ten ballots for every five vot-
ers of the estimated vote as reported by the Board of County Com-
missioners: Provided, however. That if it shall be made to ap-
pear by the affidavit of such Clerk that any precinct has so in-
creased in population as to have fifty per cent, more voters than
at the last presidential election, or at the time of estimate by the
Board of County Commissioners, the State Board of Election Com-
52 GENERAL LAWS
missioners shall deliver to him two ballots for every voter so de-
clared by him under oath to be resident in said precinct. The bal-
lots shall, in the presence of the Clerk, be wrapped and tied in
packages, plainly marked, one for each precinct, and securely
sealed with wax, and the Clerk shall give his receipt for the same.
And for the safe sealing of such ballots such Board shall provide
itself with a seal of such design as it may deem proper, but the
same design shall not be used for any two consecutive elections.
The State Board of Election Commissioners shall also provide and
inclose in each of said sealed packages three [pencils]* stamps
bearing a X or such other device as they may select, together with
the ink-pads or other necessary apparatus ready for use. In addi-
tion to the precinct packages, the State Board of Election Commis-
sioners shall deliver to each Clerk a package, wrapped and sealed
in his presence, containing two thousand State ballots, and twelve
[pencils] stamps* with their necessary ink-pads, which package
shall remain in the custody of the County Board of Election Com-
missioners and shall not be opened by them except for the purpose
of supplying a precinct whose ballots or stamps [pencils] have
been lost or destroyed, on due showing of such fact as hereinafter
provided. The State Board of Election Commissioners shall, from
time to time, certify to the Auditor of State the necessary ex-
penses of the preparation and distribution of the State ballots and
[pencils] stamps, and the Auditor shall audit and issue his war-
rants for the same, which shall be paid out of any funds in the
State treasury not otherwise appropriated. (R. S. 1901, §6225;
E. S. 1897, §6524; K. S. 1894, §6225.)
[1889, p. 157. Approved March 6, 1889. In force May 10, 1889.]
61. Clerk's Allowance — Special Messenger.
30. An allowance shall be made to the Clerk by the Board
of County Commissioners of five cents per mile for the distance
necessarily traveled in going to and returning from the office of
the Governor of the State ; but in case said Clerk of any county
shall fail to appear at the office of the Governor of the State by
the close of the tenth day prior to the election, the State Board
of Election Commissioners shall forthwith dispatch a special mes-
senger to such county with the ballots for the county ; which mes-
senger, before receiving such ballots, shall take and subscribe to
an oath, to be administered to him by the Secretary of State,
*The words "stamps bearing a cross (X) or such other device as they
may select, together with ink-pads" are repealed — only pencils are now
distributed with the ballots.
♦The words "stamps with necessary ink-pads" .are repealed — only
pencils are now distributed with the ballots.
CONCERNING ELECTIONS. 53
which oath shall be filed with said Board of Election Commission-
ers, and shall be in the words following :
State of Indiana, 1
County, j
I, , swear (or affirm, as the case may [be])
that I will take charge of the election ballots delivered to me by
the State Board of Election Commissioners for the county of
, and will safely deliver said ballots in sealed packages,
and in the same condition as received by me, to the Clerk of said
county at the earliest time that I can reach the county seat of said
county. So help me God.
Subscribed and sworn to before me this day of
, 19--
And in such case said messenger shall be allowed three dollars
per day for the time necessarily employed, and three cents per mile
for the distance necessarily traveled by him, which allowance shall
be certified to the Treasurer of such county, and deducted from the
first moneys thereafter accruing to such Clerk payable by the
Treasurer. The amount so deducted shall be remitted by the
Countv Treasurer to the Treasurer of State. (K. S. 1901, §6226 ;
R. S. 1897, §6525; R. S. 1894, §6226; E. S. §1352.)
62, Permitting Ballots to Be Taken Away — Penalty.
31. If any member of the Board of Election Commission-
ers shall give or deliver to any other person any of said ballots,
or shall permit any of them to be taken away, except as herein
provided, he or they shall be guilty of a felony, and on conviction
shall be punished by imprisonment in the State penitentiary for
not less than three nor more than ten years, and be disfranchised
for anv determinate period not less than ten years. (R. S. 1901,
§6227; R. S. 1897, §6526; R. S. 1894, §6227; E. S. §1353.)
I
63. Taking Ballots Away— Penalty.
32. If any person shall take or remove in any maimer felon-
iously or with the consent or permission of the custodian for the
time, from any place where they may lawfully be under this Act,
any of such ballots or stamps [pencils], or be found in custody
or possession of such ballots or stamps (except as an official or
custodian under this Act, or while within the polling place for
the purpose of voting) ; or if any such custodian or official shall
consent to, or permit, any of .nich ballots or stamps [pencils] to
be removed or carried away from the place where they may law-
fully be by any person, except an official or custodian under this
54 (GENERAL LAWS
Ad whose duty it is to receive the same, such persou, custodian or
official shall be deemed guilty of a felony, and on conviction shall
be punished by imprisonment in the penitentiary at hard labor for
not less than three nor more than ten years, and be disfranchised
for any determinate period not less than ten years. (R. S. 1901,
§6228; R. S. 1897, §6527; E. S. 1894, §6228; E. S. §1354.)
64. Distribution of Ballots.
33. It shall be the duty of each Election Inspector, or in
case he can not attend, some other member of the Election Board
authorized in writing by the Inspector, to appear at the office of
the Clerk of the Circuit Court of his county not more than three
nor less than two days before each election, and the County Board
of Election Commissioners shall deliver to him the sealed package
of ballots and the stamps provided for his precinct by the State
Board of Election Commissioners, and also ten of the local ballots
printed under the direction of the County Board of Election Com-
missioners for each five or fraction thereof of the number of votes
cast at such precinct at the last presidential election; or if a new
precinct for each five or fraction of five voters, as estimated by
the County Commissioners: Provided, however. That in case it
be made to appear by affidavit of such Inspector that the number of
voters in his precinct has increased more than fifty per cent, since
the last presidential election or estimate by the Board of County
Commissioners, there shall be delivered to him two ballots for each
voter so declared under oath by him to reside in the precinct.
The local ballots shall be wrapped and tied in packages and se-
curely sealed with wax in the presence of said Inspector or his
representative, who shall receipt for the same; and for the safe
sealing of such ballots the County Board of Election Commission-
ers shall provide themselves wnth a seal of such design as they may
deem proper, but the same design shall not be used at any two con-
secutive elections, and said packages shall not be opened until
delivered to the Election Board of the respective voting precincts
to which they are directed, and said Boards shall be fully organ-
ized and readv for the reception of votes, as in this Act provided.
(E. S. 1901, "^§6229; E. S. 1897, §6528; E. S. 1894, §6220; E.
S. §1355.)
[1897, p. 49. Approved February 23, 1897. In force April 14, 1897.]
65. Opening Packages — Clerk 's Initials.
8. At the opening of the polls, after the organization of
and in the presence of the Election Board, the Inspector shall
open the packages of ballots in such a manner as to preserve the
seals intact. He shall then deliver to the poll clerk of the opposite
political party from his own twenty-five each of the State and
CONCEENING ELECTIONS. 56
local ballots ; and to the other poll clerk a blue pencil for marking
the ballots. The poll clerks shall at once proceed to write their
initals in ink on the lower left-hand corner of the back of each
of said ballots in their ordinary handwriting, and without any
distinguishing mark of any kind. As each successive elector calls
for a ballot the poll clerks shall deliver to him the first signed of
the twenty-five ballots of each kind; and the Inspector shall im-
mediately deliver to the poll clerks another ballot of each kind,
which the poll clerks shall at once countersign as before, and add
to the ballots already countersigned so that it shall be delivered for
voting after all those theretofore countersigned. (R. S. 1901,
§6230; R. S. 1897, §6529.)
[1889, p. 157. Approved March 6, 1889. In force May 10, 1889.]
66. Cards — Instructions — Posting Up Ballots.
35. The County Board of Election Commissioners of each
county shall cause to be printed in large type on cards, in English
and such other language as they deem necessary, instructions
for the guidance of electors in preparing their ballots. They shall
furnish twelve of such cards in each of the languages determined
upon by them to each of the Election Inspectors at the same time
they deliver to him the ballots for his precinct. Each Inspector
shall cause to be posted one of each of said cards in each place or
compartment provided for the preparation of ballots, and one of
each kind of such cards at or near to the outer end of the chute
leading to the polling place, and not nearer than fifty feet of the
polling place, and not less than three of each of such cards, and
three samples of each of the State and local ballots in and about
the polling place at the opening of the polls on the day of election,
which sample ballots shall be printed on different colored paper
than the genuine ballots. Said cards shall contain full instructions
to the voters as to what must be done : First, to obtain ballots for
voting; second, to prepare the ballots for voting; third, to obtain
a new ballot in place of one accidentally defaced, mutilated or
spoiled; also copies of sections forty-three, fifty, fifty-five, fifty-
six, fifty-nine and sixty of this Act. (R. S. 1901, §6231; R. S.
1897, §6530; R. S. 1894, §6231; E. S., §1357.)
67. Special Messenger.
36. In case any Inspector or his representative shall fail to
appear at the office of the County Clerk by the close of the second
day prior to any election, the County Board of Election Commis-
sioners shall forthwith dispatch a special messenger to his pre-
cinct with the ballot and stamps [pencils] for such precinct.
Such messenger shall be allowed two dollars for his time and five
66 OEIOJRAL niA.ws
cents per mile for the distance necessarily traveled by him, and
shall promptly report to such Clerk and file with him the receipt
of the person to whom he delivered such ballots and stamps, and
his affidavit stating when and to whom he delivered such ballots
a,nd stamps [pencils], and such Inspector shall receive no com-
pensation for his services at such election. (E. S. 1901, §6232;
E. S. 1897, §6631; E. S. 1894, §6232; E. S., §1358.)
68. Failure of Inspector to Appear.
3T. Any Inspector who shall wilfully or negligently fail to
appear at the Clerk's office, in person or by representative, as here-
in provided, shall be guilty of [a] misdemeanor, and on convic-
tion shall be fined not less than ten dollars nor more than one
hundred dollars, and shall thereafter be incompetent to serve as an
Inspector. (E. S. 1901, §6233; E. S. 1897, §6532; E. S. 1894,
§6233 ;E. S., §1359.)
69. Ballots Lost.
38. If by any accident or casualty the ballots delivered to
any clerk, inspector, or other messenger shall be lost or destroyed,
it shall be the duty of such person in custody to report the loss at
once to the Board of Election Commissioners from which the
same were obtained, and make affidavit of the circumstances of the
loss, whereupon such Board shall at once re-supply such person.
In case such person in custody fails or refuses to report and make
proof of the loss, any qualified elector may do so, and thereupoa
such Board shall at once send a new supply by special messenger,
as provided in other cases. In case, for any reason, there should
be found no ballots or other necessary means or contrivances for
voting at the opening of the polls, it shall be the duty of the Elec-
tion Board to secure the same as speedily as possible, and, if nec-
essary, such Board may have ballots printed : Provided, however.
That such ballots shall conform as nearly as possible to the genu-
ine ballots, and the printing and the care of the same shall be
under the same provisions and penalties as the printing and care
of the other ballots prescribed in this Act. (E. S. 1901, §6234;
E. S. 1897, §6533; E. S. 1894, §6234; E. S., §1360.)
70. Destroying Ballots Not Used — Record.
39. The various Boards of Election Commissioners shall
preserve the ballots that are left over in their hands after supply-
ing the precincts as hereinbefore provided, until 6 o'clock p. m.
. of the day of election, and shall then count and destroy, by totally
consuming by fire, all of such ballots but one, which shall be se-
curely pasted in the election record immediately preceding the
place where the vote is to be recorded. They shall also cause to
CONCERNING ELECTIONS.
67
be entered below such ballot the number of ballots printed by
them, the number delivered to each messenger and the number
destroyed by them. (E. S. 1901, §6235; R. S. 1897, §6534; R
S. 1894, §6235; E. S., §1361.)
[1897, p. 49. Approved February 23, 1897. In force April 14, 1897.]
71. Rooms — Booths.
6. It shall be the duty of the County Commissioners in each
county before each election to provide for and secure in each pre-
cinct of the county a suitable room in which to hold the election,
and to have placed therein a railing separating the part of the
room to be occupied J>y the Election Board from the remainder of
the room, and also three booths, or compartments, in which elect-
ors shall mark their ballots, screened from observation, each con-
taining a counter or shelf. Booths shall be so constructed and
arranged that all the members of the Election Board can see
whether more than one voter enters any one of such booths at one
time, and each and every member of any Election Board allowing
any booth or compartment, in which an elector is preparing. his
ballot, to be used without a screen or such screen being so ar-
ranged as not to shield the preparation of the ballot from observa-
tion, shall upon convictiom therefor, be fined for each offense in
any sum not exceeding one hundred dollars ($100) nor less than
five dollars ($5), to which may be added imprisonment in the coun-
ty jail not exceeding nin[e]ty days. The portion of the room set
apart for the Election Board shall include a window, at which the
voter shall appear for challenge, and such voter shall immediately ^
announce his full and true* name to the challengers. The Board
of County Commissioners shall also provide" for each precinct a
chute or passage with a railing, rope or wire on each side com-
mencing fifty feet away from and leading to such polling place,
passing such window for challenge and thence to the entrance of
the room in which the election is held. The expenses of such
preparation shall be defrayed as other expenses of the county by
the Board of County Commissioners. Ko election shall be held
in a room in which spirituous, vinous, malt or other intoxicating
liquors are kept or sold. (B. S. 1901, §6236 ; R. S. 1897, §6535.)
[1899, p. 60. Approved February 17, 1899. In force April 28, 1899.J
72. Challengers— Who May Stand Near Polls.
41. One challenger and one poll-book holder, appointed and
designated by each party organization, shall be entitled to stand
at the sides of the chute near the challenge window. ^N'o other
person shall remain within fifty feet of the same, except for the
purpose of offering his vote ; and voters shall approach and enter
58 GENERAL LAWS
the chute in the order in which they appear for the purpose of
voting. If any person offering to vote shall be challenged by one
of such challengers or by any member of the Election Board, he
shall stand aside and shall not be entitled to vote unless he makes
affidavit in writing that he is a qualified and legal voter of the pre-
cinct, and in such affidavit sets forth his name, residence, occupa-
tion, place or places of residence during the six months prior to
the election, with the date of any removal within that time, and
the names of two persons who have personal knowledge of his
residence in the precinct thirty days and the to^\Tiship sixty days,
and shall, in case he be a person required by this Act to be regis-
tered, also produce the necessary certificate "of registration pro-
vided for in this Act. He shall then be allowed to vote, unless
the challenger or some qualified voter of the precinct make affi-
davit in writing that he knows or is informed and verily believes
that the person offering to vote is not a legal voter in the precinct ;
and if the affidavit be on information and belief, he shall set forth
the names of the person or persons from whom such information
was obtained, and the person offering to vote shall not thereaftei-
be allowed to vote, except one qualified voter of the precinct, who
has been a freeholder and resident householder in the precinct for
at least one year or a residenjt householder for two years next pre-
ceding such election shall make affidavit or affirmation in writing
that of his personal knowledge such person offering to vote is a
legal voter at the precinct : Provided, That if the person offering
to vote shall make affidavit that there is no person of his political
party residing in the precinct who has been a freeholder or resi-
dent householder as provided for in this Act, then the affidavit or
affirmation of any qualified voter shall be accepted by said Election
Board : Provided further. That if such person so offering to vote
be challenged solely or for the additional reason that he is not a
citizen of the United States, then such person so challenged for
such reason shall take and subscribe the following oath :
I do solemnly swear (or affirm, as the case may be) that I have resided
In the United States one year, and have declared my intention of becoming
a citizen thereof in conformity with the laws thereof.
The other affidavits herein referred to shall be in the following
form:
I do solemnly swear (or affirm, as the case may be) that I am a citizen
of the United States; that I am now over the age of twenty-one years, to
the best of my information and belief: and that I have been a bona fide
resident of this State for ^x months immediately preceding this election;
that I have resided in the township sixty days, and in the precinct thirty
days, and that I am a bona fide resident of this precinct; that I am gener-
ally known by the name in which I now desire to vote, which is
: that 1 have not voted and will not vote in any other
OONOERNING ELECTIONS. 59
precinct iu this election; that my occupation is ; that
my present residence is (if in the city or town give
the street or number), and that during the last six months prior to this
election I have resided at , I have removed from
to on the following date ;
and that and have personal knowledge of
my residence in the precinct thirty days and in the township sixty days.
I do solemnly swear Tor affirm, as the ease may be) that there is no
legal voter in this precinct who has been a freeholder and resident house-
holder in the precinct for one year, or a resident householder for two years
next preceding this election, belonging to the same political party to wliich
I belong and whose candidates I wish to support.
I swear that I am informed and believe that , now
offering to vote, is not a legal voter in this precinct, and that I obtained
such information from and
I do solemnly swear (or ^ffirm, as the case may be) that I am a quali-
fied voter in this precinct: that , who now desires to vote,
Ijas resided in this State for six months immediately preceding this elec-
tion: that he has resided in this township sixty days, and in this precinct
thirty days, at ; that he is now a bona fide resident
of this precinct and a legal voter therein. These facts I know of my own
personal knowledge.
I do solemnly swear (or affirm, as the case may be) that I am a quali-
fied voter in this precinct; that I have been a freeliolder and resident
householder in this precinct for one year, or a resident householder for
two years next preceding this election: that who now
desires to votp, lias resided in this State for six months immediately pre-
ceding this election: that he has resided in this township sixty days, and
in this precinct thirty days, at ; that he is now a bona
tide resident of this precinct and a legal voter therein. These facts I
know of my own personal knowledge.
rn. S. 1901, §6237.)
L1889, p. 157.' Approved March 0, 1889. In force May 10, 1889.]
73. Arrest of lUeg^al Voter.
42. If at any time durino- the election any qualified elector
shall make affidavit before the Inspector that any person who has
voted is an illegal voter in snch precinct, the person accused shall
at once be arrested by the election sheriffs and by them delivered
to the civil authorities. Immediately after the close of the elec-
tion the Inspector shall deliver such affidavit to some Justice of
the Peace in the towTiship, who shall proceed thereon as if the
affidavit had been made before him. (R. S. 1901, §G238; R. S.
1897, §6537 ; R. S. 1894, §6238 ; E. S., §1364.)
74. Perjury, False Affidavit.
43. Whoever shall knowingly or wilfully make a false affi-
davit, under any of the provisions of this Act, shall be deemed
guilty of perjury. (R. S. 1901, §6239; R. S. 1897, §6638; R.
S. 1894, §6239; E. S., §1365.)
60 GENERAL LAWS
[1891, p. 124. Approved March G, 1891. In force June 3, 1891.]
75. Election Holidays — Preventing Employes Voting.
44. No person entitled to vote at any general, National,
State or county election shall be employed upon the day on which
such election shall be held in any manufacturing, mining, me-
chanical or mercantile establishment or "any railroad corporation
in this State during the period of four hours after the opening
of any election in the county in which such person is entitled to
vote, except as to works of necessity, in which works of necessity
every employe shall be given some period of four hours between
the opening and closing of the polls on said day ; and any Circuit
Court may enforce the provisions of this section in term time or in
vacation by mandate, or otherwise, upon the application of any
voter: Provided, however. That in ^ny such establishment or
corporation the employer or employes may agree on any four
hours between the opening and closing of the polls that will be
most convenient. Every officer of any corporation, ovnier, super-
intendent, overseer or foreman, who employs or permits to be em-
ployed any person in violation of this section, shall be guilty of a
misdemeanor, and fined not less than fifty nor more than five hun-
dred dollars. (R. S. 1901,,§6240 ; R. S. 1897, §6539 ; R. S. 1894,
§6240.)
[1897, p. 49. Approved February 23, 1897. In force April 14, 1897.]
76. Manner of Voting.
3. A^Hien a voter shall have been passed by the challengers
or shall have been sworn in, he shall be admitted to the election
room: Provided, however. That not more than#three voters shall
be allowed in the room at one time. On entering the room the
voter shall announce his name to the Poll Clerks, who shall reg-
ister it. The Clerk holding the ballots shall deliver to him one
State and one local ballot, and the other Clerk shall thereupon
deliver to him a blue pencil, and both Poll Clerks, on request,
shall give explanation of the manner of voting. If deemed nec-
essary by any member of the Board an interpreter may be called.
The voter shall then, and without leaving the room, go alone into
any one of the booths which may be unoccupied and indicate the
candidates for whom he desires to vote by making a cross, thus X
on the square immediately preceding their names, and indicate his
preference on any question of constitutional amendments or other
special matter by a similar mark in front of the words "yes" or
"no" under such questions: Provided, however, That if he shall
desire to vote for all the candidates of one party or group of peti-
tioners he may mark in the large circle inclosing the device and
preceding the title under which the candidates of such party or
CONCERNING ELECTIONS. 61
group of petitioners are printed, and the vote shall then be counted
for all the candidates under that title. If the voter marks on the
large circle inclosing the device he shall not mark elsewhere on the
ballot, unless there be no candidate for some office in the list
printed under such device, in which case he may indicate his choice
for such office by marking the square to the left of the name of any
candidate for such office on any other list. A mark on the ballot in
violation of this provision shall be treated as a distinguishing
mark. If a pencil mark touches a circle or a square it shall be
counted on such circle or square, but a mark that touches no circle
or square shall be treated as a distinguishing mark. Before leav-
ing the booth or compartment the voter shall fold his ballots sepa-
rately so that no part of the faces thereof shall be exposed, and so
that the initials of the Poll Clerks shall be exposed, and on leaving
the booth or compartment shall return the pencil to the Poll Clerk
and deliver the ballots to the Inspector, or to the Judge who may
temporarily be authorized to act for him, who shall forthwith, in
the presence of the voter and of the Election Board, deposit the
same in the respective boxes, the State ballot in the red ballot box,
and the local ballot in the white ballot box; and the Ballot Clerks
shall write the word ^Voted" after the name of the voter on the
poll lists: Provided, however. That if an elector shall show his
ballot or any part thereof to any other person, after the same shall
have been marked, so as to disclose any of the candidates voted for,
such ballots shall not be deposited in the ballot box. A minute
of such occurrence shall be made on the poll list and such person
shall not be allowed to vote thereafter. If a voter shall offer to
vote a ballot so folded as not to disclose the initials of the Poll
Clerks and also not disclosing the face of the ballot, the Election
Boar«l shall direct him to return to the booth and fold his ballot
properly. After voting the voter shall leave the room, but no
voter to whom a ballot and pencil, or either, have been delivered
shall be permitted to leave the room without voting the ballots or
returning them to the Poll Clerk, or without returning the pencil
to the Poll Clerk from Avhom he received it It shall be unlawful
for any voter to attempt to leave the room with a ballot or the
pencil used in marking ballots in his possession. And any voter
who shall attempt to leave the room with a ballot or such pencil
in his possession shall be at once arrested on demand of any mem-
ber of the Election Board (R. S. 1901, §6241; R S. 1897,
§6540.)
11891, p. 130. Approved March 0, 1891. In force Jun^ 3, 1891.]
77. "Paster Ballots."
46. In addition to the State and local ballot which the Clerk
is to deliver to the voter in the election room under the provi-
62 G-EIfBRAL LAWS
sions of section 45 of the Acts of which this Act is an amendment
the voter may take with him into the booth a printed ballot or bal-
lots of his own selection or preparation to be known as a paster
ballot or ballots, and designed to be pasted upon either snch State
or local ballot, or upon each of them. If such paster ballot is de-
signed to be pasted upon the State ballot, it shall be in the nature
of a complete ticket and shall contain a complete list of all offices
to be filled at the election where used by the vote of the electors
of the whole State, and shall contain the name of one person for
each and every one of such offices. If such paster ballot is de-
signed to be pasted upon the local ballot it shall be in the nature
of a complete ticket, and contain a complete list of all offices to be
filled at such election for the filling of which the electors of the
county where used are entitled to vote other than offices which are
filled by the vote of the electors of the whole State, and it shall
also contain the name of one person for each and every one of
such offices in such list. The said paster ballots shall be in the
form indicated as follows :
For Governor,
COURTLAND C. MATSON.
For T.ieutenant-Governor, "
WILLIAM E. MYERS.
They shall be printed in plain black ink upon white paper. The
paper shall not be more than two inches in width, and of sufficient
length to contain the complete list of offices and names as above
specified. The names of the persons upon said list, as well as of
the offices, shall be printed one below another in the manner above
indicated. The distance from the center of the name of any per-
son in such list to the center of the name of the person immediate-
ly below in such list shall be three-fourths of an inch, in order that
the names in such list when pasted upon the State or local ballot
will conform to the squares thereon. Such pasters shall contain
no heading, no printing save as above indicated, no writing, no
blank nor any distinguishing marks of any kind whatever. Such
paster ballot may be gummed upon the back and pasted upon the
State or local ballot accordingly as it is designed in such mannei-
as that the squares upon the State or local ballot to the left of any
list of names printed thereon will come immediately to the left of,
and opposite respectively the names printed upon such paster bal-
lot and in such manner as that the State or local ballot will not
show when folded that it contains a paster. The voter may then
indicate his choice for any office by stamping [marking] the
square upon the Stat© or local ballot immediately to the left of the
name printed upon such paster ballot when pasted. He shall in
OONOEENING ELECTIONS. 63
110 oth«r manner attempt to indicate his choic«. Any stamps
[marks] upon the State or local ballot elsewhere shall be deemed
a distinguishing mark and render the ballot void. If the ballot
contains no distinguishing mark, the Election Board shall deem
and count as the voter^s choice the names of the persons upon such
paster ballot having the square immediately to the left stamped
[marked], and they shall count none other. It shall be unlawful
for any person to use the paster ballot provided for in this sec-
tion unless he desires to vote for one or more persons for one or
more offices respectively to be filled at such election, the names of
which person or persons are not printed upon the State or local
ballot, as the case may be, as a candidate or candidates for such
office or offices respectively. And any paster which contains the
names of persons only for the respective offices whose names are
printed upon the State or local ballots as candidates for the same
offices respectively shall be void and the ticket containing the name
shall not be counted. The voter who attempts to use a paster bal-
lot under the provisions of this section must prepare or select a
paster ballot containing a complete list of names for every office
for whom he desires to vote and must vote for names contained
upon the paster and none other. If a State or local ballot con-
tains a paster placed thereon by the voter, as provided for in this
section, any stamp [mark] upon such State or local ballot other
than are on the squares at the left of the paster ballot shall be
deemed a distinguishing mark and render the whole ticket void.
Every violation of the provisions of this section by a voter shall
be deemed to be an attempt to distinguish his ballot and shall ren-
der the same entirely void. (K. S. 1901, §6242 ; R. S. 1897,
§6541; R. S. 1894, §6242.)
78. Number of Persons in Booths — Spoiling Ballots.
47. !N"ot more than one person shall be permitted to occupy
any booth at one time, and no person shall remain in or occupy a
booth longer than may be necessary to prepare his ballot and in no
event longer than five minutes, ^ot more than three persons
other than the election officers shall be permitted to enter or be in
the election room at any one time, and no voter or person offering
to vote shall hold any conversation or communication with any
other person than a member of the Election Board while in the
election room. Any person who shall by accident or mistake spoil,
deface or mutilate his ballot may, on returning the same to the
Poll Clerks and satisfying them that such spoiling, defacing or
mutilation was not intentional, receive another in place thereof,
and such Clerks shall make a minute of the fact on the poll list at
tlie tiiiio, and the mutilated ballot shall then be destroyed by the
64 GENERAI. LAWS
elector in the presence of the Board. (K. S. 1901, §6243 ; K. S.
1897, §6542; E. S. 1894, §6243.)
[1891, p. 132. Approved March 6, 1891. In force June 3, 1891.]
79. Illiterate Voters.
48. Any elector who declares that by reason of physical dis-
ability or inability to read the English language, he is unable to
mark his ballot, may declare his choice of candidates to the Poll
Clerks, who, in the presence of the elector and in the presence of
each other, shall prepare the ballots for voting in the manner
hereinbefore provided, and on request shall read over to such
elector the names of the candidates as marked. Any one making
a false declaration under the provisions of this section shall, upon
conviction, be fined in any sum not exceeding -^ve dollars and be
disfranchised for a period of five years, and any Poll Clerk or
Poll Clerks who shall deceive any elector in selecting or marking
any ballot, or mark the same in any other way than as requested
by said elector, shall be guilty of felony, and on conviction shall
be imprisoned in the penitentiary for not less than two nor more
than five years, and be disfranchised for any determinate period
not less than five years: Provided, That before the Poll Clerk
shall so prepare the ballot, of said elector, the said elector shall, m
the presence of the Board, make affidavit in writing that he is un-
able to read the English language, or that by reason of physical
disability, setting out the particulars in which said physical dis-
abilities exists, he is unable to mark his ballot. (R. S. 1901,
§6244.)
[1891, p. 133. Approved March 6, 1891. In force June 3, 1891.]
80. Distinguishing Marks — Penalty.
49. No Inspector of Elections, or Judge acting for an In-
spector, shall deposit any ballot upon which the initials of the Poll
Clerks, as hereinbefore provided for, does not appear, or any bal-
lot on which appears externally any distinguishing mark, deface-
ment or mutilation. If any Inspector, Judge, Poll Clerk or other
person entrusted with the custody or control of any ballot or bal-
lots, either before or after they have been voted, shall in any way
mark, mutilate or deface any ballot or place any distinguishing
mark thereon, either for the purpose of identifying the same (ex-
cept by numbering protested ballots for future reference) or for
the purpose of vitiating the same, he shall be guilty of a felony,
and on conviction shall be imprisoned in the State's prison not
more than ten nor less than five years, and fined in any sum not
exceeding two thousand dollars. (R. S. 1901, §6245 ; R. S. 1897,
§6544; R. S. 1894, §6245.)
CONCERNING ELECTIONS. 65
[1889, p. 124. Approved March 6, 1889. In force May 10, 1889.]
81. Taking Ballots from Election Room— Penalty.
50. Any person who shall remove or attempt to remove a
ballot or stamp [pencil] from the election room, or having in his
possession outside the election room, any ballot or stamp [pencil]
either genuine or counterfeit, during the election, shall be guilty
of felony, and on conviction shall be imprisoned in the peniten-
tiary not less than two nor more than five years, and be disfran-
chised for anv determinate period not less than ten years. (R. S.
1901, §6246"; R. S. 1897, §6545; R. S. 1894, §6246; E. S.,
§13Y2.)
82. Counting and Destroying Unvoted Ballots.
51. Immediately on closing the polls, the Board shall count
all the ballots remaining unvoted, record the number of the same
on the tally sheets, and destrov all of such ballots by totally con-
suming by fire. TR. S. 1 901,*^ §6247 ; R. S. 1897, §6546; R. S.
1894,§6247;E. S., §1373.)
[1901, p. 525. Approved March 11, 1901. In force May 16, 1901.]
83. Canvassing Vote — Destroying Ballots.
7. The Election Board shall in canvassing the votes begin
first with the State ballots and complete them before proceeding
with the local ballot, by laying each ballot upon the table in the or-
der which it is taken from the ballot box; and the Inspector and
the Judge of Election differing in politics from the Inspector, shall
view the ballots as the names of the persons voted for are read
therefrom. And in the canvass of the votes any member of the
Election Board may protest as to the counting of any ballot, or any
part thereof, and any ba41ot which is not indorsed with the initials
of the Poll Clerks, as provided by law, and any ballot which shall
bear nny distinguishing mark or mutilation shall be void, and shall
not be counted, and any ballot, or part of a ballot, from which it is
impossible to determine the elector's choice of candidates, shall
not be counted as to the candidate, or candidates, affected thereby;
and all such ballots, together with all protested, disputed or un-
counted ballots, shall be preserved by the Inspector, and at the
close of the count placed with the seals of the ballot packages in
paper bags securely sealed, and delivered to the Clerk of the county
with notification to him of the number of ballots so placed in such
bags, and of the condition of the seals of the ballot packages. The
Poll Clerk [s] shall also record on the tally sheets memoranda of
such ballots, and the condition of the seal of the ballot packages,
and in any contest of election such ballots and seals may be sub-
mitted in evidence. And before said ballots are placed in the bags
bb GENERAL LAWS
as aforesaid one of the Poll Clerks shall indorse upon the back of
eaeh disputed or protested ballot the word '^counted" or ^'not
counted," as the case may be, and said indorsement shall be
signed officially by both of said Poll Clerks. On completing the
connt and recording the same on the tally sheets all the remaining
ballots, except those marked, mutilated or otherwise defective*, or
required to be preserved as in this section hereinbefore described,
shall be destroyed by the Election Board by totally consuming
them by fire before adjournment, and thereupon the Election Board
shall immediately make a memorandum of the total vote cast for
each candidate and deliver a copy thereof to each member of such
board, ^o person, other than the members of the Election Board,
Poll Clerks and Election Sheriffs, and the duly authorized watch-
ers representing the various political parties, shall be permitted in
the room during the election, or during the canvass of the votes,
except for the purpose of voting. Each of the four political parties
having cast the largest vote at the election last preceding, and
having a place on the official ballot shall be entitled to one watcher
at each precinct, who shall bo permitted to be present during the
canvass of the votes. Each watcher shall be required to present
to the Election Board credentials signed by the township or county
chairman of the party which said watcher represents, showing him
to be the dulv authorized watcher for that party. (K. S. 1901,
^6245.)
[1889^ p. 124. Approved March G, 1889. In force May 10, 1889.]
84. Penalties for Violating Election Law.
53. Any person who shall (1) falsely mark or fraudulently
deface or fraudulently destroy any certificalje or petition of nomina-
tion, or any part thereof; (2) file ai^y certificate or petition of
nomination, knowing the same, or any part thereof, to be falsely
made; or (3) suppress any petition or certificate of nomination
which has been duly filed, or any part thereof; or (4) forge or
falsely make the official indorsement of any ballot; or (5) print,
or cause to be printed, any imitation ballot, or circulate the same ;
or (6) conspire with others to do any of said acts, or induce, or
attempt to induce, any other person to do any of said acts, whether
or not said acts, or any of them, be committed or attempted to be
committed, shall be deemed guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the State peniten-
tiary not less than two nor more than five years, and be disfran-
chised for anv determinate period not less than ten years. (R. S.
1901, §6249; R. S. 1897, §6548; K. S., §6249; E. S., §l^n5.)
CONCERNING ELECTIONS. 67
85. Penalty for Clerk, Inspector or Messenger.
54. Any Clerk, Inspector or other messenger entrusted with
the custody of the ballots who shall open any of the packages in
which the ballots are contained, or permit any of them to be
opened, or destro}^ any of such ballots, or permit them to be de-
stroyed: or give or deliver any such packages or ballots to any
person not lawfully entitled to receive them, as herein provided;
or conspire to procure, or in any way aid, abet or connive at any
robbery, loss or destruction of any such ballots or packages, shall
be guilty of a felony, and on conviction shall be pimished by im-
prisonment in the State prison for not less than three nor more
than ten years, and be disfranchised for any determinate period
not less than ten years. TR. S. 1901, §6250 ; R. S. 1897, §6549 ;
H. S. 1894, §6250; K S.,^§1.376.)
86. Entering Election Room — Remaining Close to Polls.
55. If any person not herein authorized so to do shall enter
or attempt to enter the election room, or enter or attempt to enter
within the railing leading from the challenge window to the en-
trance of the election room without first having been passed by the
challengers, or having been sworn in as hereinbefore provided, or
shall remain within fifty feet of the polling place, contrary to the
provisions hereinbefore made, he shall be guilty of a misdemeanor,
and on conviction thereof be fined not more than five hundred
dollars. (R S. 1901, §6251; E. S. 1897, §6550; R. S. 1894,
§6251 ;E. S., §1377.)
87. Inducing Voter to Put Mark on His Ballot.
56. If any person shall induce or attempt to induce any
elector to write, paste or otherwise place on his ballot the name of
any person or any sign or device of any kind as a distinguishing
mark by which to indicate to any other person how such elector
has voted, or shall enter into or attempt to form any agreement
or conspiracv with any other person to induce or attempt to induce
electors, or any elector, to so place any distinguishing name or
mark on his ballot, whether or not said act be committed or at-
tempted to be committed, such person so offending shall be guilty
of felony, and, on conviction, be imprisoned not more than five nor
less than two vears in the State's prison. (R. S. 1901, §6252;
R. S. 1897, §6551; R. S. 1894, §6252; E. S., §1378.)
88. Revealing How Elector Voted.
57. If any person, beino; a member of an Election Board or
oth.erv/ise entitled to [the J inspection of the ballots, shall reveal to
68 GENERAL LAWS
any other person how any elector has voted, or what other candi-
dates were voted for on any ballot bearing a name not printed
thereon by the Board of Election Commissioners, or give any in-
formation concerning the appearance of any ballot voted, such
person so offending shall be guilty of a felony, and, on conviction,
shall be imprisoned not less than two years nor more than five
years in the State's prison, and be disfranchised for any determi-
nate period not less than ten vears. (R. S. 1901, §6253; R. S.
1897, §6552: R. S. 1894, §6253; E. S., §1379.)
89. Inducing Member of Board to Violate This Act.
58. If any person shall induce, or attempt to induce, any
member of an Election Board to violate any of the provisions of
section 47 [57], whether or not such member of the Election
Board shall violate or attempt to violate any of the provisions of
this Act, such person so offending shall be guilty of a felony, and,
on conviction, shall be imprisoned in the State's prison not less
than two years nor more than five years, and be disfranchised for
any determinate period not less than ten years. It shall be the
duty of each Inspector to distinctly read this and the preceding
section to the Election Board at the opening of the polls, and each
member thereof shall thereupon take an oath that he has not vio-
lated and will not violate the provisions of said section. (R. S.
1901, §6254; R. S. 1897, §6553; R. S. 1894, §6254; E. S.,
§1380.)
90. Removing or Destroying Election Supplies.
59. Any person who shall, during the election, remove or
destroy any of the supplies or other conveniences placed in the
booths as aforesaid or delivered to the voter for the purpose of en-
abling thQ voter to prepare his ballot, or shall, during an election,
remove, tear down or deface the cards printed for the instruction
of the voters, or shall, during an election, destroy or remove any
booth, railing or other convenience provided for such election, or
shall induce or attempt to induce any person to commit any of
such acts, whether or not any of such acts are committed or at-
tempted to be committed, shall be guilty of a misdemeanor, and
on conviction shall be punished by imprisonment for not less than
six months nor more than one year and be disfranchised for any
determinate period not less than ten years. (R. S. 1901, §6255 ;
R. S. 1897, §6554; R. S. 1894, §6255; E. S., §1381.)
91. Electioneering — Revealing Vote.
60. No officer of election shall disclose to any person tlie
name of any candidate for whom any elector has voted. No offi-
cer of election shall do any electioneering on election day. No
CONCERNING ELECTIONS. 69
person whatever shall do any electioneering on election day within
any polling place, or within fifty feet of any polling place. !N"o
person shall apply for or receive any ballot in any polling place
other than that in which he is entitled to vote. No person shall
show' his ballot after it is marked to any person in such a way as
to reveal the contents thereof or the name of any candidate or can-
didates for whom he has marked his vote ; nor shall any person ex-
amine a ballot which any person has presented for voting or solicit
the elector to show the same. ISTo person except the Inspector of
Election, or Judge who may be temporarily acting for him, shall
receive from any voter a ballot prepared by him for voting. 'No
voter shall receive a ballot from any person other than one of the
Poll Clerks ; nor shall any person other than a Poll Clerk deliver
a ballot to an Inspector to be voted. ISTo voter shall deliver any
ballot to an Inspector to be voted, except the one he receives from
the Poll Clerk. JSTo voter shall place any mark upon his ballot or
suffer or permit any other person to do so, by which it may be
afterward identified as the one voted by him. Whoever shall vio-
late any provision of this section shall be deemed guilty of a fel-
ony, and, on conviction, shall be punished by imprisonment for not
less than six months nor more than one year, and by fine of not
less than one hundred dollars nor more than five hundred dollars,
and be disfranchised for any determinate period not less than ten
years. (K. S. 1901, §6256; E. S. 1897, §6555 >E. S. 1894,
§6256 :E. S., §1382.)
92. Officer Violating His Duty.
61. Any public officer, upon whom any duty is imposed by
this A-ct, who shall wilfully neglect or omit to perform such du-
ties, or do any act prohibited herein, for which punishment is not
otherwise herein provided, shall be deemed guilty of a felony, and,
on conviction, shall be punished by imprisonment in the State'd
prison for not less than six months nor more than three years, or
by a fine of not more than three thousand dollars, or by both such
fine and imprisonment, and be disfranchised for any determinate
period not less than ten years. (K. S. 1901, §6257; E. S. 1897,
§6556; E. S. 1894, §6257; E. S., §1383.)
93. Constitutional Amendments.
62. Whenever any constitutional amendment or other ques-
tion is required by law to be submitted to popular vote, if all the
electors of the State are entitled to vote on such question, the
State Board of Election Commissioners shall cause a brief state-
ment of the same to be printed on the State ballots, and the words
"yes'' and "no" under the same, so that the elector may indicate his
preference by stamping [marking] at the place designated in front
70 GENERAL LAWS
of either word. If the question is required by law to be voted on
by the electors of any district or division of the State the Board
or Boards of Election Commissioners of the county or counties,
including or included in such division or district, shall cause sim-
ilar provision to be made on the local ballots. In case any elector
shall not indicate his preference by stamping [marking] in front
of either word the ballot as to such question shall be void and
shall not be counted. (K. S. 1901, §6258; K. S. 1897, §6557;
R S. 1894, §6258 ; E. S., §1384.)
94. Preservation of Affidavits.
63. All affidavits provided in this Act to be used on the day
of election at the several polling places shall, at the close of the
count, be placed in a strong paper bag, or envelope, by the Elec-
tion Board and securely sealed by them, each member indorsing
his natoe on the back of such bag or envelope. Such bag or en-
velope shall be delivered within three d-ays after the election, by
the Inspector, to the Clerk of the Circuit Court of the county,
whose duty it shall be to carefully preserve the same, and deliver
it, with the seal unbroken, to the foreman of the grand jury when
next in session. It shall be the duty of such grand jury to in-
quire into the truth or falsity of such affidavits. (R. S. 1901,
§6259; R. S. 1897, §6558 ;'R. S. 1894, §6259 ; E. S., §1385.)
95. Township and County Elections.
64. When any township or county holds an election at a
time other than the time of a general election, such election shall
be held in conformity with the provisions of this Act, and all coun-
ty and local officers who are required to perform any duties in con-
nection with the general election shall perform the same duties in
connection with such special or local election, subject to the same
provisions and penalties herein prescribed in case of general elec-
tions. (R. S. 1901, §6260; R. S. 1897, §6559; R. S. 1894,
§6260; E. S., §1386.)
[1891, p. 134. Approved March 0, 1891. In force June 3, 1891.]
96. City and Town Elections.
(}6. Where any town or city shall hold an election at any
time other than a time of a general election, such election shall be
held in conformity with the provisions of this Act, except the
duties herein required of the County Clerk shall be performed by
the Town or City Clerk ; the duties herein required by the Board
of County Commissioners shall be performed by the Town Trus-
tees or City Council ; the duties of the County Sheriff shall be per-
formed by the Town Marshal or Chief of Police, and the rights of
nomination of election officers by political parties shall be exer-
CONCERNING ELECTIONS. Yl
eised by the chairman of the town or city committees of such par-
ties, if any such there be. Town and city officers are hereby re-
quired to perform the various duties herein prescribed by the
county officers in whose stead they act, subject to the same pen-
alties and provisions herein prescribed as to such county officers.
The town and city Boards of Election Commissioners shall pro-
vide the necessary [pencils]* stamps and ink pads for such elec-
tions, and shall cause as many classes of ballots to be printed as
there are wards or districts entitled to separate officers, ballots of
each class having printed uniformly on the back of the same the
name or number of the ward or district in which it is to be used,
and containing the names of all lawfully nominated candidates for
all officers that the voters of such ward or district are entitled to
vote for at such election. The Commissioners of county and
Trustees of townships in which such towns or cities are situated
shall furnish what is necessary for use in such elections of the
election furniture in their custody : Provided, That such town or
city shall pay the expense of moving such furniture to and from
the polling places, and also for any damage to or loss of such fur-
niture. The Boards of town or city Election Commissioners shall
perform all the duties in providing and preparing polling places
that are required of County Commissioners, in county elections,
subject to the same provisions and penalties. (E. S. 1901, §6261 ;
R. S. 1897, §6560; E. S. 1894, §6261.)
[1880, p. 157. Approved March 6, 1889. In force May 10, 1889.]
97. Holidays.
GQ. All election days shall be legal holidays throughout the
district or m.unicipality in which the election is held. (E. S.
1901, §6262; E. S. 1897, §6561; E. S.- 1894, §6262; E. S.,
§1388.)
98. Laws Repealed.
67. All laws and parts of laws inconsistent with the pro-
visions of this Act are hereby repealed, pro tanto: Provided,
however. That nothing in this Act contained shall impair the eflFe<it
of any such Act as to any offense heretofore committed under exist-
ing laws; And, provided further, Tliat the provisions of this Act
shall not apply to any election to be held prior to the first Monday
in June, 1890, and all elections to be held prior to said date of the
first Monday in June, 1890, shall be held and conducted under the
provisions of the law now in force, and all elections to be held after
the fir^ Monday in June, 1890, shall be provided for and held
*The wor^s "stamped and ink-pads" are repealed.
72 GENERAL LAWS
under the provisions of this Act. (E. S. 1901, §6263 ; K. S. 1897,
§6562 ; R S. 1894, §6263 ; E. S., §1389.)
[1881, S., p. 428. Approved April 21, 1881. In force September 19, 1881.]
99. Duty of Board.
29. 'No Inspector, Clerk or Judge of any election shall vote
after commencing to connt the votes, nor publish any statement of
the result of the counting until such election is closed. (R. S.
1901, §6264; R. S. 1897, §6563; R. S. 1894, §6264; R. S. 1881,
§4707.)
100. Adjournments Forbidden.
30. After the opening of the polls at any election in this
State no adjournment shall be had nor any recess taken until all
the votes cast at such election shall have been counted, and thd
result publiclv announced (R. S. 1901, §6265; R. S. 1897,
§6564; R. S., §6265; R. S. 1881, §4708.)
101. Meals for Election Officers.
31. It shall be the duty of the Township Trustees, in their
respective townships, to cause the members of the Election Board
in each township or precinct ^to be furnished with good, plain, and
substantial meals, at the regular hours for meals, during the elec-
tion day and until the count is finished, but no spirituous, vinous,
or fermented liquors shall be furnished. Such Trustees shall be
allowed, and paid, by the County Board the actual cost of such
meals, in their next regular account. (R. S. 1901, §6266; R. S.
1897, §6565; R. S. 1894, §6266; R. S. 1881, §4709.)
102. Certificate of Judges.
34. When the votes shall be counted, the Boards of Judges
shall make out a certificate, under their hands, stating the number
of votes each person has received, and designating the office ; which
number shall be written in words; and such certificate, together
with one of the lists of voters and one of the tally papers, shall be
deposited with the Inspector, or with one of the Judges selected
by^the Board of Judges. (R. S. 1901, §6267 ; R. S. 1897, §6566 ;
R. S. 1894, §6267; R. S. 1881, §4712.)
103. Care of Ballots and Papers.
35. As soon as the votes are counted, and before the certifi.-
cate of the judges, as prescribed in the foregoing section, is made
out, the ballots, with one of the lists of voters and one of the tally
papers, shall, in the presence of the judges and clerks, be care-
fully and securely placed by the Inspector, in the presence of the
judges, in a strong and stout paper envelope or bag, which shall
CONCERNING ELECTIONS. 73
then be tightly closed and well sealed with wax by the Inspector,
and shall be delivered by such Inspector to the County Clerk at
the very earliest possible period before or on the Thursday next
succeeding said election ; and the Inspector shall securely keep said
envelope containing the ballots and papers therein, and permit no
one to open said envelope or touch or tamper with said ballots or
papers therein. And upon the delivery of such envelope to the
Clerk, the Inspector shall take and subscribe an oath, before said
Clerk, that he has securely 'kept said envelope and the ballots and
papers therein, and that, after said envelope had been closed and
sealed by him in the presence of the judges and clerks, he had
not suffered or permitted any person to break the seal or open said
envelope, or touch, or tamper with said ballots or papers, and that
no person has broken such seal or opened said envelope to his
knowledge ; which oath shall be filed in said Clerk's office with the
other election papers. (K. S. 1901, §6268 ; E. S. 1897, §6567 ;
K. S. 1894, §6268; K. S. 1881, §4713.)
Note — So much as relates to the preservation of the ballots (R. S. 1901
§6248) and as to when the tally papers, etc., shall be returned (R. S. 1905
§6275 D.) has been repealed.
[Acts 1905, page 189.]
104. Inspector — County and City Clerk — ^Duties.
10. It shall be the duty of each Inspector of elections as
soon as the certificates required by law to be signed, to deliver the
same with one of the li^s of voters and one of the tally papers
containing the vote of the precinct for all State, district and coun-
ty officers voted for and with the bags required by law to be re-
turned by said Inspector to the Clerk of the Circuit Court at the
court house for the use of the Board of Canvassers, and in city
elections to the City Clerk, and that there may be no delay in the
canvassing of the vote of any county or city it is declared to be
the duty of the Clerk to keep the Clerk's office open all night upon
the night of any election at which county or city officers are voted
for. (E. S. 1905, §6275d.)
105. Clerk's and Trustee's Duties.
36. The Clerk shall securely keep said envelope, so sealed,
with the ballots and papers therein, in the same condition as it
was received by him from the Inspector, in his office (ualess
opened by said Inspector, in the presence of the Board of Can-
vassers, as herein provided), for the period of six months. But
when such election is contested, he shall preserve them so long as
said contest is undetermined, subject to the order of the Court
trying such contest: Provided, That said Inspector shall, after
sealing said envelope containing such ballots and one of his poll
74 GENERAL LAWS
books and tally papers, plainly mark said envelope upon the out-
side, in ink, with the name, number and township. And after
each election the ballot box herein provided for shall be, by said
Inspector, deposited with the Township Trustee of the township
in which his precinct is situate, for safekeeping. And said officers
of election shall, upon receiving the pay for their services as such
from said Township Trustee, deliver to him the keys to the said
ballot box in their custody. (E. S., 1901, §6269; R S. 1897,
§6568; K. S. 1894, §6269; R. S. 1881, §4714.)
[Acts 1905, p. 189. Approved March 4, 1905.]
106. Board of Canvassers.
1. That in each county in the State the county Board of
Election Commissioners shall constitute a county Board of Can-
vassers, who shall canvass and estimate the certificates, poll lists
and tally papers returned by each Inspector of elections in the
county, for which purpose the board shall assemble in the Circuit
Court room in the court house, at six o'clock p. m., upon the daj
of each election ; and that in each city in the State, the city Board
of Election Commissioners shall constitute a city Board of Can-
vassers, who shall canvass and estimate the certificates, poll lists,
and tally papers returned by each Inspector of election at all city
elections, for which purpose the board shall assemble in the council
chamber of said city at six (6) o'clock p. m. upon the day of said
election. (K. S. 1905, §6270.)
107. Chairman— Clerk.
2. The members of such county board shall select one of
their number as chairman, and the Clerk of the Circuit Court
shall act as clerk of the county board ; and the members of sucli
city board shall select one of their number as chairman, and the
Clerk of such city shall act »s clerk of the said board. (R. S.
1905, §6271.)
108. Clerical Assistants.
3. Each of such Board of Canvassers shall employ such
clerical assistance as in its judgment may be deemed necessary for
the proper canvassing and tabulating of the vote : Provided,,
That not more than one-half of the clerks employed upon such
work of canvassing shall be members of the same political party ;
and such clerks shall be paid for their services a reasonable com-
pensation to be fixed by said Board of Canvassers, not, however,
to exceed the sum of fifty cents per hour to each clerk for the
time actually employed upon such canvass, and the order of said
county board upon the county treasurer for clerical services ren-
dered said county board shall be sufficient authority to the county
CONCfERNIXCJ ELECTIONS. 75
treasurer to pay to the holder of the same the amount therein
fixed: Provided, There is money in the treasury for that pur-
pose ; if there be no funds to pay such order when presented the
treasurer shall indorse thereon ^'Not paid for want of funds," and
the day of such presentment over his signature, which shall entitle
such order to draw thenceforth legal interest; and the order of
such city board upon the city treasurer for clerical services ren-
dered such city board shall be sufficient authority for the city
treasurer to pay to the holder of the same the amount therein
fixed: Provided, There is money in the city treasury for that
purpose, and if there be no funds to pay such order or orders
when presented the treasurer shall endorse thereon "Not paid for
want of funds," and the date of such presentment over his signa-
ture, which shall entitle such order to draw henceforth legal in-
terest. The members of any such board shall receive for their
services as Board of Canvassers such amount as may be fixed by
the Board of Commissioners or Common Council as the case may
be. (R. S. 1905, §6272.)
109. Board's Duties.
4. Such county or city board Avhen organized shall carefully
compare and examine the papers intrusted to it, and aggregate
and tabulate from them the vote of the county, or the vote of the
city, as the case may be, a statement of which shall be drawn up
by the clerk which shall contain the names of the persons voted
for, the office, the number of votes given in each precinct, ward or
township in a county election, and in each ward and precinct in a
city election to each person; the number of votes given to each in
the county or city -and also the aggregate number of votes given,
which statement shall be signed by each member of such board,
and canvass sheets together with such certificates, poll books and
tally papers shall be delivered to the clerk, and by him filed in his
office ; and the same shall be preserved by him open to the inspec-
tion of any legal voter. (E. S. 1905, §6273.)
110. Certificates.
5. Such county board shall declare the persons having the
highest number of votes given for any office to be filled by the
voters of a single county duly elected to such office, and certify
the same in the statement above required ; and such city board shall
declare the persons having the highest number of votes given for
any office to be filled by the voters at a city election, duly elected to
such office, and certify the same in the statement above required.
(R. S. 1905, §6274.)
76 GENERAL LAWS
111. Tie Vote.
6. If two or more persons shall have the highest and equal
number of votes for a single office to be filled by the voters of such
county or city, such county or city board shall declare that no
person is elected to fill such office, and shall certify the same in the
statement above provided and when filed the clerk shall certify the
fact to the tribunal whose duty it is to supply vacancies in such
office, or to issue writ of election to fill the same as the case may
require. (K. S. 1905, §6275.)
112. Defective Papers^ — Duty of Board.
7. 'No tally papers, poll-book or certificates returned from
any election by board of judges thereof shall be rejected for want
of form, or for lack of being strictly in accordance with the direc-
tions contained in the election laws if the same can be satisfac-
torily understood, and such Board of Canvassers shall in no case
reject the returns from any precinct if the same be certified by
the board of election of that precinct as required by law, and
returned by the Inspector or one of the Judges of said board.
(K. S. 1905, §6275a.)
113. Evidence — When Heard — ^Witness in Contempt.
8. County or city Boards of Election Commissioners and
county or city Boards of Canvassers in matters concerning the
sufficiency or validity of any nominating certificate or petition,
may examine on oath any person touching any material matter
connected with or bearing on the proper discharge of their duties.
Any member of the board may administer such oath. Either of
said boards is given full power to send for persons and papers,
and compel the witnesses to answer under oath touching any ques-
tions which may properly come before said board. The sheriff
of the county in county elections and city marshal or superin-
tendent or chief of police in city elections shall serve all process,
and obey all orders of such board, and shall during the canvass
provide a deputy who shall remain in attendance upon such Board
of Canvassers, and shall be paid by the county or city for such
services at the rate of two dollars for every eight hours of such at-
tendance. In case of the refusal of any person subpoenaed to at-
tend or testify such fact shall be reported forthwith by such Board
of Election Commissioners or said Board of. Canvassers, to any
Circuit or other court of general jurisdiction of the county, or
to a judge thereof, and such court or judge shall order such wit-
nesses to attend and testify, and on failure or refusal to obey such
order such witnesses shall be dealt with as for contempt. (R. S.
1905, §6275b.)
CONCERNING ELECTIONg. YY
114. Disputes — Decision by Circuit Judge.
9. In case of a disagreement between the members of the
county or city Board of Canvassers as to how the vote of any pre-
cinct shall be counted the matter in dispute shall be forthwith re-
ported by said board to the Judge of the Circuit Court in a brief
written statement setting forth the grounds of disagreement to-
gether with all papers concerning the matter, and such judge shall
summarily determine said dispute, and direct how such vote shall
be counted, and such determination shall be final as regards the
action of said Board of Canvassers. (R. S. 1905, §6275c; R. S.
1901, §6275; R. S. 1897, §6574; R. S. 1894, §6275; R. S. 1881,
§4720.) Repealed Acts 1905, p. 191.
115. Certificate of Election.
43. Where any person is elected to an office by the voters of a
doimty not to be commissioned by the Governor, the Clerk of the
Circuit Court shall, after ten days from the time the Board of
Canvassers has made its returns, make out and deliver, on demand,
to such person, a certificate of his election ; and in case where any
officer is to be commissioned by the Governor, he shall make out
a statement under his hand and the seal of his Coiirt,. specifying the
number of votes given to each person for each office, and who has
been declared elected, and shall transmit the same, by mail, to the
Secretary of State, within the time aforesaid. (R. S. 1901, §6276 :
R. S. 1897, §6574; R. S. 1894, §6276; R. S. 1881, §4721.)
116. Defective Returns — Commissions.
44. 'No commission shall be withheld by the Governor on
account of any defect or informality in the return of any election
to the. office of Secretary of State, if it can, with reasonable cer-
tainty, be ascertained from such return what office is intended
and who is entitled to such commission. (R. S. 1901, §6277 ; R.
S. 1897, §6576; R. S. 1894, §6277 ; R. S. 1881, §4722.)
117. Certificates of Votes for Legislators.
45. When two or more counties compose a district to elect
a Senator or Representative, the Clerks of the Circuit Courts of
such counties, on the day next succeeding the return day of such
election, shall make out a certificate of votes received by each in-
dividual for Senator or Representative, and deliver the same to
the Sheriff. (R. S. 1901, §6278 ; R. S. 1897, §6577 ; R. S. 1894,
§6278 ;R. S. 1881, §4728.)
118. Certificate of Election of Legislators.
46. Such Sheriffs shall meet on tlie Wednesday next follow-
ing the return day of sncli election, between Hie lionrs of one and
78 GENERAL LAWS
six of the afternoon at the court house of the oldest county in
such district, where they shall compare the certificates delivered
to them by the Clerks, and shall jointly make out and transmit
to the person having the highest number of votes for Senator or
Representative a certificate of his election. The county first or-
ganized (or, if two or more were organized at the same session,
then the county having, by the Auditor of State's last report, the
highest number of taxable polls) shall be deemed the oldest.
(R. S. 1901, §6279; R. S. 1897, §6578; R. S. 1894, §6279;
R. S. 1881, §4724.)
119. Tie Vote for Legislators.
47. If, in such case, any two or more persons shall have
the highest and an equal number of votes for the same office, such
Sheriffs shall certify that f-act to the Clerk of the Circuit Court
of the county in which such Sheriffs shall have compared sucb
votes, and such Clerk shall forthwith certify the same to the
Governor. (R. S. 1901, §6280; R. S. 1897, §6579; R. S. 1894,
§6280; R. S. 1881, §4725.)
120. Certificate to Secretary of State.
48. Clerks of the CircuiJ} Court, on the day succeeding the
return day of such election, shall make out in words, certified
statements, officially sealed, of the number of votes given to
each person for Governor and Lieutentant-Governor, for Repre-
sentative in Congress, Judges of the Supreme and Circuit
Courts, Clerk of the Supreme Court, Reporter of the decisions
cf the Supreme Court, Prosecuting Attorney, Superintendent of
Public Instruction, Secretary, Auditor, and Treasurer of State,
and for Senator and Representative in the General Assejnbly,
and shall deliver the same to some postmaster of the county,
to be transmitted by mail to the Secretary of State, taking from
such postmaster, and filing, a certificate setting forth particularly
the time when such certified statement was deposited in such
postoffice. (R. S. 1901, §6281; R. S. 1897, §6580; R. S. 1894,
§6281 ;R. S. 1881, §6580.)
121. Duty of Secretary of State.
49. The Secretary of State shall, in the presence of the
Governor, compare and estimate the number of votes given for
Judges of the Supreme Court, Reporter of the decisions of the
Supreme Court, Clerk of the Supreme Court, Secretary and
Auditor, and Treasurer of State, and Superintendent of Public
Instruction, and certify to the Governor the persons receiving
the highest number of votes for such offices, and also compare
and estimate the number of votes given for Judges of the Cir-
CONOEENINQ ELECTIONS. 79
ciiit Court and Prosecuting Attorneys, and certify to the Gov-
ernor the persons having received the highest number of votes
in their respective districts; and thereupon the Governor shall
transmit, bv mail, to such persons their commissions. (R. S.
1901, §6282; E. S. 1897, §6581; R. S. 1894, §6282; R. S.
1881, §4728.)
122. Secretary of State and Governor, as to Congressmen.
50. The Secretary of State, as soon as he shall receive
such certified statements, shall compare and estimate the votes
given for Representatives in Congress, and certify to the Gov-
ernor the persons having the highest number of votes as duly
elected; and the Governor shall give to each of the persons re-
turned to him, as aforesaid, a certificate of his election, sealed
with the seal, and attested by the Secretary of State. Pro-
vided, That no return of any county which has come into his
hands, and which has been duly authenticated by the Clerk there-
of, under seal, as hereinbefore provided, shall be rejected by
said Secretary of State, but he shall estimate, aggregate, and
tabulate, and report to the Governor the total number of votes
cast in each county for each candidate for State office. Supreme
Judge, or other officer to be elected by all the voters of the
State, and members of Congress, as evidenced to him by the
face of such return so certified to him. (R. S. 1901, §6283; R.
S. 1897, §6582; R. S. 1894, §6283 ; R. S. 1881, §4728.)
123. Clerk's Duty as to Election of Governor.
51. Each Clerk of the Circuit Court shall, on the day
following the return day of election for Governor and Lieutenant-
Governor, make out at full length, two certified statements,
under the seal of his Court, the number of votes each candidate
received; one of Avhich he shall transmit to the Speaker of
the House of Representatives of the next General Assembly,
by his Senator or Representative, w^ho shall deliver the same
to such Speaker on or before the second day of the session,
and the other certified statement shall be transmitted by mail
to Indianapolis, directed to said Speaker, and to the care of th.?
Secretary of State, by whom the same shall be delivered to the
Speaker on or before the second day of the session. (R. S. 1901,
§6284; R. S. 1897, §6583; R. S. 1894, §6284; R. S. 1881,
§4729.)
124. Pay of Officers.
52. Each Inspector, Judge and Clerk of any election shall
be allowed and paid two dollars for each day's service while attend-
ing to such election and performing the duties of his office ; and
80 GENERAL LAWS
the same rate for one day's services, and mileage at the rate of five
cents per mile, going and returning, shall be allowed and paid to
each member of the Board of Canvassers. (R. S. 1901, §6285 ;
R. S. 1897, §6584; E. S. 1894, §6285; R. S. 1881, §4730.)
ARTICLE 2— SPECIAL ELECTIONS.
SEC. ^ SEC.
125. When to be held. 127. Notice by Sheriff.
126. When Governor to order. 128. How conducted.
[1881, S., p. 482. Approved April 21, 1881. In force September 19, 1881.]
125. When to Be Held.
53. A special election shall be held in the following cases :
First. Whenever a vacancy shall occur in the office of Sen-
ator or Representative during a session, or when the Legislature
will be in session after the occurrence of a vacancy and before a
general election.
Second. Whenever a vacancy shall occur in the office of
Representative in Congress while in session, or when Congress
will be in session after such vacancy occurs and before a gen-
eral election.
Third. Whenever two ^ or more persons receiving votes at
any election shall have the highest and an equal number of votes
for the same office.
Fourth. Whenever a vacancy occurs in any office required
to be filled at a special election. (R. S. 1901, §6286 ; R. S. 1897,
§6585; R. S. 1894, §6286; R. S. 1881, §4731.)
126. When Governor to Order.
54. Special elections not otherwise provided for shall be
ordered by the Governor, who shall issue a writ or writs of elec-
tion, directed to the Sheriff or Sheriffs of the proper county or
counties ; and such writ shall specify the county, district, or circuit
in which such election is to be held, the cause and object of such
election, the name of the person whose office is vacant, and the
day on which such election shall be held ; which day shall be the
same in case such election is held in a district or circuit formed
of two or more counties. (R. S. 1901, §6287 ; R. S. 1897, §6586 ;
R. S. 1894, §6287; R. S. 1881, §4732.)
127. Notice by Sheriff.
55. The Sheriffs who receive such writs ordering a special
election shall give the same notice thereof as is required of gen-
eral elections : Provided, Such notice may be set up and published
ten davs only. (R. S. 1901, §6288; R. S. 1897, §6587; R. S.
1894, §6288 ; R. S. 1881, §4733.)
C()NCEK^'IN(J Kl.EC'JIONS. *^1
128. How Conducted.
56. All special elections shall be conducted, returned, cer-
tified, and canvassed, and certificates and commissions shall issue,
and shall in all respects be governed by the provisions of this law
regulating general elections, so far as applicable. (R. S. 1901,
§6289; R S. 1897, §6588; K. S. 1894, §6289; R. S. 1881,
§4734.)
ARTICLE 3— TOWNSHIP ELECTIONS.
SBC. SEC.
129. When held. 135. Supervisors.
130. Township Trustees and Assessors. 136. Notice of election, how conducted.
131. Terms of Trustees and Assessors. 137. Repealed.
132. Justices of Peace and Constables. 138. Canvass— Inspector's duty.
133. Election governed by general law. 139. Tally papers.
134. Ballots. 140. Certificates.
[1893, p. 192. Approved March 2, 1893. In force May 18, 1893.]
129. When Held.
1. Tbe time of holding the election of Township Trustees,
Justices of the Peace, Assessors, Constables, Road Supervisors and
such other oflicers of township as may be provided for by law, shall
be changed from the April election, and all such township officers
shall be elected at the general election to be held on the first Tues-
day after the first Monday in l^ovember, 1894, and every four
years thereafter, and which election shall be conducted by the pro-
visions of the law governing said general election. (R. S. 1901,
§6290 ; R. S. 1897, §6589 ; R. S. 1894, §6290.)
[1897, p. 64. Approved February 25, 1897. In force April 14, 1897.]
130. Township Trustees and Assessors.
1. The time of holding the election of Township Trustees
and Assessors shall be changed from the general election on the
first Tuesday after the first Monday in November, 1898, to the
general election on the first Tuesday after the first Monday in
^N'ovember, 1900, and at the general election on the first Tuesday
after the first Monday in [N^ovember of every fourth year there-
after. Said Township Trustees and Assessors shall qualify as now
provided by law, and enter upon the discharge of the duties of
their respective offices at the expiration of ten days after such elec-
tion. (R.S. 1901, §6290a;R.S. 1897, §6590.)
[1901, p. 415. Approved March 11, 1901. In forc6 May 15, 1901.]
131. Terms of Trustees and Assessors. :
3. The terms of all Towmship Trustees and To^vnship As-
sessors to be elected at the general election in ^November, 1904,
shall begin on the first day of January, 1905; and thereafter the
terms of office of all Township Trustees and Township Assessors
82 GENERAL LAWS
shall begin on the first day of January succeeding their election.
(E. S. 1901, §6293a.)
[1897, p. 64. Approved February 25, 1897. In force April 14, 1807.]
132. Justices of Peace and Constables.
2. The time of holding the election of Justices of the Peace,
Constables and such other officers of the township, as may be pro-
vided for by law, and the time when they shall enter upon the
duties of their respective offices, shall remain as now fixed by law.
(K. S. 1901, §6290b; E. S. 1897, §6591.)
133. Election Governed by General Law.
3. The election of said township officers shall be conducted
under the provisions of the law governing said general elections.
(E. S. 1901, §6290c; E. S. 1897, §6592.)
134. Ballots.
4. The names of the different candidates for said township
offices shall be printed on separate ballots of a yellow color and
deposited in separate ballot boxes from that of the State and
county ballots ; said ballot boxes shall be painted yellow and said
ballots and ballot boxes shall be prepared in conformity with the
law governing said general elections. (E. S. 1901, §6291; E. S.
1897, §6593.)
[Acts 1905, p. 566. Approved INIarch 8, 1905.]
135. Supervisors — Election — Pay — Districts.
The qualified voters in each road district of the several coun-
ties in the State shall, on the second Saturday after the first Mon-
day in December, 1905, and every two years thereafter, elect a Su-
pervisor who shall hold his office for the term of two years and un-
til his successor is elected and qualified. Eoad districts shall not
be held to include any part or parts of cities or incorporated towns
that may be in the township in which such road districts are
located. Each Supervisor shall receive the sum of one dollar and
fifty cents per day for his services actually performed, not ex-
ceeding forty days in any one year to be paid out of the township
treasury, but before receiving the same he shall file his sworn
statement with the Trustee of the township, which statement shall
specify the days on which such services were performed: Pro-
vided, Such Supervisor shall not be entitled to charge or receive
any compensation whatever for a number of days equal to the
number required of other persons of his road district liable to work
on highways. Upon the taking effect of this act, if deemed neces-
sary by any Trustee of any township, such Trustee shall divide his
township into not more than four nor less than two road districts
CONCERNING ELECTIONS. 83
as nearly equal in nnnibcr of miles of road as practicable and
appoint supervisors therefor, to hold their offices until their suc-
cessors are elected and qualified, and if any additional road dis-
tricts shall be created he shall appoint Supervisors thereof to hold
their offices until their successors shall be elected and qualified
as herein provided ; and whenever such Trustee shall deem it neces-
sary he may make any change in such road districts that may
subserve public interests: Provided, That any change of the ex-
isting boundaries of road districts shall not be made except upon
petition of six freeholders living in the immediate vicinity of
the change proposed to be made. On dividing his township into
road districts, or where any change is made therein, such Trustee
shall record a plat thereof in the highway record of his township,
which shall show the roads and parts of roads belonging to each
road district. Each Supervisor shall at the time of his election
or appointment be a qualified voter of the road district for which
he is elected or appointed. (K. S. 1905, §6830.)
[Acts 1005, 1). 5(57. Approved March 8, 1905.]
136. Notice of Election — How Conducted.
The Township Trustee of each tow^nship shall on or before
the first Monday in December, 1905, and every two years there-
after, post up or cause to be posted, in at least two public places
in each road district of his toAvnship, written or printed notices of
an election of Supervisor of such road district, giving therein the
place, day and hour at which such election is to be held. The day
and hour of such election shall be the same in each road district
of the township. The place of such election shall, if practicable,
be a schoolhouse, located in the road district. The Township Trus-
tee shall act as Inspector of the election in the road district in or
nearest to which he resides, and shall name from among the quali-
fied voters present two clerks, who shall, if possible, not both be of
the same political party. Such clerks, with the Trustee, shall form
an election b<:>ard to judge of the qualifications of voters, and shall
collect or receive and shall count the ballots cast. If one or more
members of the election board, or one or more freeholders among
the qualified voters present shall challenge any one offering to
vote, and declare under oath that such an one is not entitled to
vote, giving reasons for such declaration, then, after the one offer-
ing to vote and challenged as aforesaid shall have been given an op-
portunity to reply and to declare under oath his qualifications, if
such one or more members of such election board or such one or
more freehohlers among the qualified voters present persist in their
challenge and declarations, the one thus challenged shall not be
allowed to vote unless a freeholder among the qualified voters
present shall declare under oath that such challenged voter is en-
84 »BNBRAL LAWS
titled to vote in that road district at that election. For the elec-
tion of Supervisor in each road district of his township, other than
the one in or nearest to which he resides, the Trustee shall name
an Inspector of election, and sucli Inspector shall name two clerks,
of diiferent political parties, if possible, from among the qualified
voters present. Such Inspector shall be a freeholder in the road
district in which the election is held. The Inspector and the two
clerks shall constitute an election board to judge, as heretofore
provided, of the qualifications of voters, and to receive or collect
and to count the ballots cast. Such Inspector or Trustee shall be
authorized to administer all necessary oaths in relation to such
election. The Inspector and clerks provided for in this act shall
serve without pay, but the Township Trustee shall be entitled
to his regular pay for one day for the day on which the notices
aforesaid are posted up and for one day for the day on which
he files reports of election of Supervisors with the Auditor of
the- county. The Trustees shall provide papers for the ballots
and for the clerks in their count of such ballots. The Trustee
or Inspector shall be present promptly at the place and hour
named in the notice of election, and if the said Trustee or In-
spector shall not appear within fifteen minutes after the time set,
then the qualified voters present shall select a freeholder from their
number as Inspector. The polls shall close two hours after the
Trustee or Inspector shall have announced that the polls are open,
if all voters present have voted, or have been given an opportunity
to vote, provided that the election board may close the polls sooner
if all voters present have voted or have been given an opportunity
to vote, and no vote has been cast for ten minutes. Immediately
upon the announcement that the polls are closed, the election board
shall proceed to count the ballots, and during the count all voters
shall be excluded from the room in which the count is made, ex-
cepting only the election board and two watchers, who may be
named, one by each of the clerks. The person receiving the high-
est number of votes cast shall be deemed to be elected. Only
those ballots shall Ke counted which contain the name of but one
person, and mistakes in spelling or in initials shall not prevent the
ballot from being counted where the intent of the voter is evident ;
all counted or uncounted ballots shall be preserved under seal by
the Trustee until June following the day of election. Ballots may
be either written or printed. AVhen the count is completed the
Trustee or Inspector shall at once announce the result and the
Trustee shall issue a certificate to the person so elected. The In-
spector of each district other than that of which the Township
Trustee is Inspector shall file with such Trustee the report of.
election in his district, together with all papers and ballots. The
CONCERNING ELECTION!. S5
Trustee shall within three days file with the Auditor of such
county a report of all elections of Supervisors held in such Trus-
tee's township, which report shall be certified to, in the case of
each road district, by the members of the" election board in such
district. (R. S. 1905, §6831.)
137. Illegal Votes.
2. Repealed Acts 1905, page 566.
[1881, p. 482. Approved April 21, 1881. In force September 19, 1881.]
138. Canvass — Inspector's Duties.
58. The board of judges shall count the votes given for each
person for each office, and certify the result, and the Inspector
shall file one of the poll books and tally sheets, with ballots on a
string, in the Clerk's office of the county, within ten days after
such election. If two or m.ore have the highest and an equal
number of votes for the same office, such judges shall, when the
result is certified, determine by lot the person entitled to the office,
and the next day, the Inspectors shall make out and deliver to
the person elected, when demanded, a certificate for each person
elected to any office in said township, except Justice of the Peace :
Provided, That, if there be more than one precinct in said town-
ship, then the Inspectors of the several precincts shall meet, on
the day folloAving the election, at the office of the Township Trus-
tee, at as near ten o'clock a. m. as is practicable, and compare the
poll books and certificates thereto held by them, and having ag-
gregated the vote of the township, declare and certify the result ;
and if two or more persons have the highest and an equal number
of votes for the same office, they shall determine, by lot, which
shall be declared elected, and give a certificate accordingly. (R.
S. 1901, §6292; R. S. 1897, §650-1; R. S. 1894, §6292; R. S.
1881, §4736.)
[Acts 1905, p. 193.]
139. Tally Papers.
The tally papers for township elections shall be kept separate
and apart from those upon which are recorded the votes cast for
candidates for State, district and county offices, and the vote for
toAvnship offices shall be canvasi^ed as heretofore provided by law :
Provided, however. That in all townships having more than ten
(10) voting precincts the vote thereof for toAvnship officers shall
be canvassed by the county Board of Canvassers as herein pro-
vided for all county elections. (R. S. 1905, §6275e.)
86 GENERAL LAWS
[1880, p. 344. Approved March 9, 1889. In force May 10. 1889. J
140. Certificates.
59. Such certificate shall entitle the holder to qualify and
enter upon his discharge of the duties of the office to which he is
elected, at the expiration of ten days from the day of such elec-
tion, except that of Township Trustee and Township Assessor, who
shall enter upon the duties of their offices on the first Monday of
August follov/ing such election, and also except that the certificates
of election of Justices of the Peace shall be forwarded by the In-
spector aforesaid to the Clerk of the Circuit Court, who shall cer-
tify the result for that office to the Secretary of State. (E. S.
1901, §6293; R. S. 1897, §6595; K. S. 1894, §6293.)
ARTICLE 4— RE-COUNTING.
SKC. SEC.
141. When candidate may have. 144. Certificate of re-count.
142. Proceedings to obtain. 145. Adjournments forbidden— Pay— Bal-
143. Order for re-counting — How con- lots, how preserved.
ducted.
[1881, S., p. 482. Approved April 21, 1883,. In force September 19, 1881. J
141. When Candidate May Have.
61. At any thue within ten days after the Thursday next,
succeeding any election, any candidate for office at such election,
desiring to contest the same, may petition, in writing, the Circuit
Court, if in session, or the Judge thereof in vacation, for a
re-count of the ballots cast at such election, by three commis
sioners, appointed by the Court or Judge, two of whom shall
be from different political parties: Provided, That such ap-
pointments shall be made from the political parties which cast
the highest number of votes at the last preceding general elec-
tion. (E. S. 1901, §6294; R. S. 189Y, §6596; E. S. 1894,
§6294; E. S. 1881, §4738.)
1. This and the succeeding four sections may be considered as re-
pealed.
142. Proceeding to Obtain.
62. Upon the petition of such candidate, duly verified,
showing that he desires to contest such election, and honestly
believes that there was a mistake or fraud committed in the
official coimt, and that he desires a re-count of the ballots cast
at said election for the office for which he was a candidate, and
upon proof that he has served a written notice upon the oppos-
ing candidate of the time and place of such application, fivo
days before the hearing, and upon his furnishing a written un-
dertaking, with sufficient freehold surety, that he will pay all
the costs of such re-count, the Court or Judge shall grant tho
OONOEENING ELECTIONS. 87
prayer of said petition and order said re-count to be made. (R.
S. 1901, §6295; R. S. 1897, §6597; R. S. 1894, §6295; R. S.
1881, §4739.)
143. Order for Re-counting — How Conducted.
63. In appointing such commissioners to make said re-count,
the Court shall fix the time within which the same shall com-,
mence, not exceeding thirty days thereafter, and the Clerk of
the Circuit Court shall act as the clerk of said commissioners.
The order shall provide that each of the candidates may be
present during said recount; and two qualified voters of the
county, selected by each of said candidates, may also be present,
and may witness the re-count of the vote, and such witnesses
shall conduct themselves in a quiet and orderly manner, and shall
not interrupt said commissioners while in the discharge of their
duties. Such order shall be entered on the order book of the
Circuit Court. (R. S. 1901, §6296; R. S. 1897, §6598; R. S.
1894, §6296; R. S. 1881, §4740.)
144. Certificate of Re-count.
64. When said re-count is finished, the commissioners, or a
majority of them, shall make out a certificate, under their hands,
stating the number of votes that each of said candidates has re-
ceived for said office in each township and precinct, and which of
said candidates, as shown by the said re-count, received the highest
number of votes, and what his majority or plurality was ; and said
certificate shall be filed with the Clerk of the Circuit Court and
recorded in the order book of said Court. Such certificate, or the
record thereof, may be used as evidence of the facts therein re-
cited upon the trial of any contest of said election between said
candidates. (R. S. 1901, §6297; R. S. 1897, §6599; R. S. 1894,
§6297; R. S. 1881, §4741.)
145. Adjournments Forbidden — Pay — Ballots, How Preserved.
65. No adjournment shall be had until said re-count is fin-
ished and said certificate is made out and filed. Said commission-
ers shall each be allowed, and paid by said petitioners, at the rate
of three dollars per day, each, for their services. Said Clerk shall,
as soon as such re-count is completed, replace said ballots in the
ballot boxes, securely lock and seal them, and keep them as above
provided. For his services in the matter of such re-count, said
Clerk shall receive from such petitioner the sum of five dollars.
(R. S. 1901, §6298; R. S. 1897, §6600; R. S. 1894, §6298; R. S.
1881, §4742.)
88
GENERAL LAWS
ARTICLE 5— CONTEST.
SEC.
SEC.
146.
Who may contest.
160.
147.
Contest for State office.
161.
148.
Notice.
162.
149.
Committee to try— Powers.
163.
150.
Contesting seat of Legislator.
151.
Depositions.
164.
152.
Notice to coutestee.
165.
153.
Powers of Justices.
166.
154.
Vacancy.
167.
155.
Meeting of Justices— Their duty.
168.
156.
Clerk's duty.
169.
157.
Duty of Secretary of State.
170.
158.
Depositions, when read.
171.
159.
Causes for contest.
Election, when not set aside.
Contest for local offices.
Notice by Auditor to Clerk.
Notice to County Board and <
testee.
Subpoenas — Trial of contest.
Appeals.
Duty of Court on appeal.
Voters compelled to testify.
Fees and costs.
Commissioner to take testimony.
Contest for municipal offices.
Appeal to Supreme Court.
[1881, S., p. 482. Approved April 21, 1881. In force September 19, 1881.]
146. Who May Contest.
66. The election of any person declared elected by popular
vote to any office, whether State, connty, township, or municipal,
may be contested by any elector who was entitled to vote for such
person. The person contesting such election shall be known as the
contestor; the person whose election is contested, as the contestee.
(R S. 1901, §6299; R S. 1897, §6601; R S. 1894, §6299; R
S. 1881, §4743.)
147. Contest for State Office.
67. When such elector may choose to contest the election 'of
any State officer, elective by the people, he shall, within twenty
days after the first day of the next session of the General Assem-
bly thereafter, deliver to the presiding officer of the House of Rep-
resentatives specifications of the grounds of such contest; which
specifications shall be verified by the affidavit of such electors.
(R S. 1901, §6300; R S. 1897, §6602; R S. 1894, §6300; R S.
1881, §4744.)
148. Notice.
68. As soon as such presiding officer receives such specifi-
cations, he shall m.ake out a notice of contest, which, together with
a copy of the specifications, he shall cause to be directed and de-
livered to the person whose election is contested ; and shall imme-
diate! v give notice to both Houses that such specifications have
been received. CR S. 1901, §6301; R S. 1897, §6603; R S.
1894, §6301; R S. 1881, §4745.)
149. Committee to Try — Powers.
69. Each House shall choose, by a viva voce vote, seven
members of its own body; and the members thus selected shall
constitute a committee, to try and determine such contested elec-
tion ; and for that purpose shall hold their meetings publicly, at the
capitol, at such time and place as they may designate, and may
CONOBRNIIfG ELECTIONS. 89
adjourn from day to day, or to a day certain, until such trial shall
be determined. They shall have power to send for persons and
papers and to take all necessary means to procure testimony, ex-
tending like privileges to the contestor and the contestee ; and shall
report their judgment in the premises to both branches of the
General Assembly; which report shall be entered on the journals
of the respective Houses, and the judgment of such committee
shall be conclusive. If such election be adjudged invalid, such
office shall be vacant. (E. S. 1901, §6302; E. S. 1897, §6604;
E. S. 1894, §6302; E. S. 1881, §4746.)
150. Contesting Seat of Legislator.
70. Any such elector who may choose to contest the election
of any person declared elected to a seat in the Senate or House
of Eepresentatives shall, within ten days after such election, lile
with the Clerk of the Circuit Court of the county in which the al-
leged cause of contest originated, a statement of the grounds of
contest on which he relies, and that he was entitled to vote at such
election, verified by his affidavit. (E. S. 1901, §6303 ; E. S. 1897,
§6605 ; E. S. 1894, §6303 ; E. S. 1881, §4747.)
151. Depositions.
71. When such statement shall be filed, such Clerk shall
issue a commission directed to two Justices of the Peace of his
county, not of kin to the contestor nor to any person who was a
candidate at such election for the office the election to which is con-
tested, to meet at such time and place as shall be specified in such
commission, not less than twenty nor more than thirty days from
the time of issuing: the same, for the purpose of taking the depo-
sitions of witnesses. (E. S. 1901, §6304; E. S. 1897, §6606; E.
S. 1894, §6304; E. S. 1881, §4748.)
152. Notice to Contestee.
72. Written notice of such contest, specifying the time and
place of taking depositions and before whom to be taken, and
a copy of such statement, certified by such Clerk, shall, within
ten days after such statem.ent shall have been filed, be delivered
to the contestee, or, if he can not be found, shall be left at his
last and usual place of residence by the Sheriff of the county, who
shall return to such clerk a certified copy of such notice, with the
manner and time of service indorsed thereon, for which he shall
receive from the contestor the same fees allowed in writs of sum-
mons. (E. S. 1901, §6.305; E. S. 1897, §6607; E. S. 1894,
§6305 ;E. S. 1881, §4749.)
90 GENERAL LAWS
153. Powers of Justices.
73. Either of such Justices shall have power to issue sub-
poenas, to be served by the Sheriff; and when met at the time and
place appointed to take depositions, shall have the same power to
issue attachments and assess fines against witnesses as is given
to Justices in the trial of suits instituted before them. (R. S.
1901, §6306; R. S. 1897, §6608; R. S. 1894, §6306; R. S. 1881,
§4750.)
154. Vacancy.
74. If either of the Justices first appointed becomes unable
to proceed in such examination, such Clerk shall fill the vacancy
with any other Justice of the county. (R. S. 1901, §6307; R. S.
1897, §6609; R. S. 1894, §6307; R. S. 1881, §4751.)
155. Meeting of Justices— Their Duty.
75. Such Justices shall meet at the time and place appointed,
take and certify such depositions as in other cases, and may ad-
journ from time to time, and Avhen the same is closed, shall de-
liver the depositions, with the commission, to such Clerk. (R. S.
1901, §6308; R. S. 1897, §6610; R. S. 1894, §6308; R. S. 1881,
§4752.)
•
153. Clerk's Duty.
76. Such Clerk shall seal up the depositions, original state-
ment of the grounds of contest, the copy of the notice served on
the contestee, and the commission issued to such Justices, indorse
thereon the names of the contesting parties and the branch of the
Legislature before which such contest is to be tried, and transmit
the same, by mail, to the Secretarv of State. (R. S. 1901, §6309 ;
R. S. 1897^ §6611 ; R. S. 1894, §6309 ; R. S. 1881, §4753.)
157. Duties of Secretary of State.
77. The Secretary of State, on or before the second day of
the session of the General Assembly held next thereafter, shall de-
liver such depositions to the presiding officer of the proper House,
who shall immediately lay the same before such House. (R. S.
1901, §6310; R. S. 1897, §6612; R. S. 1894, §6310; R. S. 1881,
§4754.)
158. Depositions; When Read.
78. At any time after notice of contest, and before final de-
termination, either party may take depositions to be read on trial,
under the rules regulating the taking of depositions to be read in
the Circuit Court : and such depositions shall be sent, by mail, to
the Secretary of State, who shall deliver the same, unopened^ to
CONCERNING ELEOtlONS. 91
the presiding offiror of tlio proper House. (R. S. 1901, §6311 ;
R. S. 1897, §6618; R. S. 1894, §6311; R. S. 1881, §4755.)
159. Causes for Contest.
79. Any election, the contest of which is provided for in this
Act, maj be contested for any of the following causes :
First. For irregularity or malconduct of any member or
officer of the proper board of judges or canvassers.
Second. When the contestee was ineligible.
Third. When the contestee, previous to such election, shall
have been convicted of an infamous crime, such conviction not
having been reversed nor such person pardoned at the time of
such election.
Fourth. On account of illegal votes.
CR. S. 1901, §6312; R. S. 1897, §6614; R. S. 1894, §6312;
R. S. 1881, §4756.)
160. Election, When Not Set Aside.
80. Xo irregularity or malconduct of any member or officer
of a board of judges or canvassers shall set aside the election of
any person, unless such irregularity or malconduct was such as
to cause the contestee to be declared elected when he had not re-
ceived the highest number of legal votes; nor shall any election
be set aside for illegal votes, unless the number thereof given to
the contestee, if taken from him, would reduce the number of his
legal votes below the number of legal votes given to some other
person for the same office. CR. S. 1901, §6313; R. S. 1897,
§6615; R. S. 1894, §6313; R. S. 1881, §4757.)
161. Contest for Local Offices.
81. All contests for county and township offices shall be tried
in the proper county; and all contests for district and circuit
offices, not otherwise provided in this Act, shall be tried in the
county giving the largest vote for such office at such election ; and
whenever any elector shall choose to contest such election he shall
file with^ the Auditor of the proper county, within ten days after
such person has been declared elected, a written statement specif y-
msr the grounds of contest, verified by the affidavit of such elector.
(R. S. 1901, §6314; R. S. 1897, §6616; R. S. 1894, §6314; R.
S. 1881, §4758.)
162. Notice by Auditor to Clerk.
82. When such statement is filod with the Auditor of
the proper county he shall immediately give notice, in writing,
to the Clerk of the Circuit Court, that the election to such office
is contested ; and when the office of County Auditor is con-
92 GENERAL LAWS
tested, such statement shall be filed with the Clerk, who shall
do the duties otherwise required by this act of the Auditor. The
filing of such statement shall be notice to him. (K. S. 1901,
§6315; R S. 1897, §6617; E. S. 1894, §6315; K S. 1881,
§4759.)
163. Notice to County Board and Contestee.
83. When such statement is filed with the Auditor he
shall issue a notice to the Board of County Commissioners to
meet at the court house at a designated time, not less than ten
nor more than twenty days thereafter, to try such contested
election, and shall issue a notice to the contestee to appear at
the time and place specified in the notice to the Commissioners ;
which, with a copy of such statement, shall be delivered to the
Sheriff of the county, who shall, within five days thereafter,
serve the same on the contestee, by delivering to him a copy
of such notice and statement or leaving a copy thereof at his
last usual place of residence. (E. S. 1901, §6316; E. S. 1897,
§6618; E. S. 1894, §6316; E. S. 1881, §4760.)
164. Subpoenas — Trial of Contest.
84. The Auditor, at the request of either party, shall issue
subpoenas, which shall be served by the Sheriff. Such Board
of Commissioners shall try and determine such contest; and
shall have power to compel the attendance of witnesses, to swear
and examine the same, to punish contempts as other Courts, to
adjourn or continue the trial from time to time, not exceeding
twenty days altogether; to make the necessary orders for the
payment of costs, and to coerce the payment of the same, and
shall be governed in such trial by the rules of law obtaining in
Circuit Courts. And if it be proved that any other person than the
contestee has the highest number of legal votes, such board shall
declare such person elected, and certify the same to the proper
officer. (E. S. 1901, §6317; E. S. 1897, §6619; E. S. 1894,
§6317: E. S. 1881, §4761.)
165. Appeals.
85. Appeals may be taken herein, as from other decisions
of fmch board: Provided, That the same be taken within ten
days. (E. S. 1901, §6318 ; E. S. 1897, §6620 ; E. S. 1894, §6318 ;
E. S. 1881, §4762.)
166. Duty of Court on Appeal.
86. If upon such appeal the Circuit Court confirm such
election, a certificate thereof shall issue ; if such election be an-
nulled, and no other persons declared elected to the same office.
CONCERNING EI.ECTIONS. 91^
it shall be declared vacant. (R. S. 1901, §6319 ; R. S. 1897,
§6621 ; R. S. 1894, §6319 ; R. S. 1881, §4763.)
167. Voters Compelled to Testify.
87. Any witness who voted at such election, when called to
testify in any such case, shall be required to answer touching his
qualifications ; and if he was not a qualified elector he shall be re-
quired to answer for whom he did vote, and such admission shall
not be used against him in any prosecution for illegal voting.
(R. S. 1901, §6320; R. S. 1897, §6622; R. S. 1894, §6320 ; R. S.
1881, §4764.)
168. Fees and Costs.
88. The Sheriff, Auditor, Clerk and Justices of the Peace,
for services rendered by them in case of contested elections,
shall receive from the party at whose instance such services are
performed, the fees usually allowed for similar services in other
cases ; which fees shall be taxed as costs against the losing party,
a 11(1 collected as other costs are taxed and collected. (R. S.
1901, §6321; R. S. 1897, §6623; R. S. 1894, §6321; R. S.
1881, §4765.)
169. Commissioner to Take Testimony.
89. The Court trying the cause, at the request of the con-
testor and contestee, in writing, or upon the application of either
party, supported by affidavit showing that a saving of expenses
to the parties, the convenience of the witnesses, and the ends of
justice will be promoted thereby, may appoint a commissioner
to take the testimony of witnesses, in writing, at any time be-
fore the final hearing and shall provide, in the order of appoint-
ment, that each party shall give reasonable notice to the other
of the time and place of such taking. Such commissioner shall
have power to subpoena and compel the attendance of witnesses
residing in the county; and it shall be his duty to take down, in
writing, all the testimony offered by the parties, and to note
all objections to the testimony; and he shall report the same to
the Court trying the cause within the time limited by the order
appointing him. (R. S. 1901, §6322; R. S. 1897, §6624; R. S.
1894, §6322; R. S. 1881, §4766.)
170. Contest for Municipal Office.
90. All contests for municipal offices shall be tried before
the Circuit Court of the proper county in the manner provided
by law for the contest of county and township offices. The
Clerk of the Circuit Court shall be the person with whom the
notice of the contest shall be filed, and he shall perform all tho
y4 GENERAL LAWS
duties required to be performed by him and the Auditor in other
cases, and the contest shall be set down for trial at the next
term of such Circuit Court. (R. S. 1901, §6323; R. S. 1897,
§6625; R. S. 1894, §6323; R S. 1881, §4767.)
171. Appeal to Supreme Court.
91. In all cases of contested elections where an appeal has
been taken from the Board of County Commissioners to the Cir-
cuit Court, either party feeling aggrieved by the judgment of
said Court may appeal therefrom to the Supreme Court, as in
other civil cases. The appeal bond in such cases shall be in a
penalty sufficient to secure any damage which may accrue by a
stay of proceedings upon the judgment. And whenever, by rea-
son of such appeal, a party may be exclvided from the office to
which he may be entitled, pending such appeal, the principal and
sureties in said bond shall be liable thereon foi' the amount of
the emoluments of the office to the party deprived thereof. (R.
S. 1901, §6324; R. S. 1897, §6626; R. S. 1894, §6324; R. S.
1881, §4768.)
ARTICLE a— TO SP^CURE PURITY OF ELECTIONS.
SEC. SET.
172. Illegal voter. 190. Seizing ballot box.
173. Voting in wrong precinct. 191. Destroying ballot box or ballots.
174. Nonresident voting. 192. Inducing voter to re-sign petition.
175. Importing voters. 193. Selling signature to petition.
176. Voting more than once. 194. Fraud at special election.
177. Bribery to secure nomination. 195. Buying votes at sneeial election.
178. Bribing voter. ♦ 196. Bribing to procure election.
179. Ground of challenge— Affidavit. 197. Bribing election officers.
180. False affidavit. 198. Betting on election.
181. Ballot box breaking— Altering re- 199. Inducing minor to bet on election.
turns. 200. Selling liquors on election day.
182. Fraud by officer. 201. Druggist selling liquor on election
183. Altering returns. day.
184. Refusing to receive vote. 202. Penalty for selling or offering to
185. Officer persuading voter. sell vote.
186. Officer opening or marking ticket. 203. Penalty for buying or offering to
187. Deceiving illiterate voter. 204. Witnesses. [buy votes.
188. Defrauding voter. 205. Acts repealed.
189. Using violence, threats or restraint. 206. Repealed.
11881, S., p. 174. Approved April 14, 1881. In force September 19, 1881.1
172. Illegal Voter.
263. Whoever, not having the legal qualifications of a voter
at any election authorized by law to he held in this State for any
officer whatever, votes or offers to vote at such election, shall be
fined not more than five hundred dollars nor less than ten dollars,
imprisoned in the county jail not more than one year nor less than
one month, and disfranchised and rendered incapable of holding
any office of trust or profit for any determinate period. (R. S.
1901, §2322; R. S. 1897, §2362; E. S. 1894, §2322; R. S. 1881,
§2179.)
CONCERNING ELECTIONS. 95
173. Voting in Wrong Precinct.
264. Whoever knowingly votes or offers to vote in any pre-
cinct or ward except the one in which he resides, shall be fined
not more than five hundred dollars nor less than ten dollars, im-
prisoned in the county jail not more than one year nor less than
one month, and disfranchised and rendered incapable of holding
anv office of trust or profit for any determinate period. (R. S.
1901. §2323; R. S. 1897, §2363; R. S. 1894, §2323; R. S. 1881,
§2180.)
174. Nonresident Voting.
265. Whoever passes from any other State into this State,
and votes or attempts to vote at any voting precinct or Avard of
this State, not being at the time a bona fide resident of such voting
precinct or ward, shall be fined not more than one thousand dol-
lars nor less than fifty dollars, imprisoned in the State prison not
more than five years nor less than one year, and disfranchised and
rendered incapable of holding any office of trust or profit for any
determinate period. (R. S. 1901, §2324; R. S. 1897, §2364; R.
S. 1894, §2324; R. S. 1881, §2181.)
175. Importing Voters.
266. Whoever hires or solicits any person to come from any
State into this State for the purpose of voting at any election
therein or to pass from any county to another county, or from any
township into another township, or from any voting precinct or
ward into another voting precinct or ward of the State, for the
purpose of voting therein at any election held therein (such per-
son, so solicited, not being a legal voter in such county, township,
])recinct or ward), shall be fined not more than one thousand dol-
lars nor less than fifty dollars, imprisoned in the State prison not
more than five years nor less than one year, and disfranchised
and rendered incapable of holding any office of trust or profit for
anv determinate period. fR. S. 1901, §2325 ; R. S. 1897, §2365 ;
R.'S. 1894, §2325; R. S. 1881, §2182.)
176. Voting More Than Once.
267. Wlioever votes more than once at any election in this
State, either nt the same ])recinct or ward or at different precincts
or wards, shall be fined not more than one thousand dollars nor
less than fifty dollars, imprisoned in the State prison not more
than five years nor less than one year, and disfranchised and ren-
dered incapable of holding any office of trust or profit for any de-
terminate period. (R. S. 1901, §2326; R. S. 1897, §2366; R. S.
1894, §2326; R. S. 1881, §2183.)
96 ©BNBRAL LJLWl
[1889, p. 267. Approved March 9, 1889. In force May 10, 1889.]
177. Bribery to Secure Nomination.
1. Any person being a candidate for nomination to any office
of profit or trust under the Constitution or laws of this State, or
of the United States, before any convention held by any political
party, or at any primary election, who loans, pays or gives, or
promises to loan, pay or give any money or other thing of value to
any delegate or elector, or any other person, for the purpose of
securing the vote or influence of such delegate, elector or person for
his nomination, and whoever hires or otherwise employs for con-
sideration any person to work for the nomination of any person
to any office, or to work for the selection of any delegate to be
chosen at any party convention or primary election, shall, upon
conviction thereof, be fined in any sum not more than five hun-
dred dollars, and disfranchised and rendered incapable of hold-
ing any office of profit or trust within this State for any deter-
minate period, and if nominated shall be ineligible to hold such
office. (K. S. 1901, §2827; K. S. 1S97, §2367; K. S. 1894,
§2327; E. S., §319.)
178. Bribing Voter.
2. Whoever, being a candidate for any office, loans or gives,
directly or indirectly, or offers or promises to loan or give any
money or other thing of value to any elector for the purpose of
influencing or retaining the vote of such elector, or to induce
such elector to work or labor for the election of such candidate, or
to refrain from working or laboring for the election of any other
candidate, or to any person, to secure or to retain the influence or
vote of such elector in his behalf as such candidate, or to be used
by such person in any way to influence the vote of any elector, or
of electors generally, for himself or any candidate or ticket, and
whoever hires or otherwise employs for consideration any per-
son to work at the polls on election day for the election of any
candidate to be voted for at such election, shall be fined in any
sum not more than one thousand nor less than three hundred dol-
lars, and shall be disfranchised and rendered incapable of holding
any office of profit or trust within this State for any determinate
period, and a violation of any provision of this section by any
person elected to such office shall render his election void, and if
he has taken the office, upon conviction shall operate as a vacation
of the same. (E. S. 1901, §2328; R S. 1897, §2368; K. S.
1894, §2328; E~. S., §320.)
179. Ground of Challenge— Affidavit.
5. At any election held under and pursuant to any law of
this State, it shall be a ground of challenge that any person offer-
CONCEBIflNO BLKCTIONl.
97
ing to vote has used or attempted to use money or other means to
buy, hire or induce any elector to vote or refrain from voting for
any candidate or candidates, or has advised, counseled or suggested
bribery of any elector or electors at any such election, whether the
same has been acted on or not; or has sold or offered to sell his
vote for any candidate or candidates, at any such election. And
when so challenged such elector shall not be permitted to vote
until he has taken and subscribed the following:
State of Indiana, )
County, j
I, do solemtily swear (or affirm) that I have not
used or attempted to use any money or other means to buy, hire or
induce any person or persons to vote or refrain from voting, or to
remain away from the polls at this election; and that I have not
counseled, advised, suggested or procured any person or persons
to bribe any elector or electors to vote for any candidate or candi-
dates^ or to refrain from voting, or to remain away from the polls
at this election, and that I have not sold or offered to sell my
vote, either directly or indirectly, at this election.
Subscribed and sworn to before me this day of
,18..
(R. S. 1901, §2331; R. S. 1897, §2371; R. S. 1894, §2331;
E. S., §323.)
180. False Affidavit.
6. Whoever shall wilfully or knowingly make a false affida-
vit under this Act shall be guilty of perjury and punished accord-
ingly. All affidavits made under the preceding sections shall be
filed with the Board of Election and preserved by such Board in
the manner as other similar affidavits and papers are preserved.
(R. S. 1901, §2332; R. S. 1897, §2372; R. S. 1894, §2332; E.
S., §324.)
1. Section 7 repeals Sections 1, 2, 3 and 5 of Acts of March 17, 1885
(1885, page 93). The same section repeals 2184 and 2185 of R. S. 1881.
181. Ballot Box Breaking — Altering Returns.
8. Any person not duly authorized by law who shall, dur-
ing the progress of any election in this State, or after the closing
of the polls and before the ballots are counted and result ascer-
tained, or within six months thereafter, break open or violate the
seals or locks of any ballot box, paper envelope or bag in which
ballots have been deposited at or after such election, or who shall
obtain possession of such ballot box, paper envelope or bag con-
taining such ballots, and cancel, withhold or destroy the same, or
7
98 GENEEAL LAWS
who shall fraudulently or forcibly add to or diminish the number
of ballots legally deposited therein, or who shall fraudulently make
any erasure or alteration of any kind upon any tally sheet, poll
book, list of voters or election return deposited therein, shall be
fined in any sum not more than one thousand nor less than five
hundred dollars, and imprisoned in the State prison not more than
ten nor less than two years, and disfranchised and rendered in-
capable of holding any office of profit or trust in this State for
any determinate period. (E. S. 1901, §2333 ; E. S. 189Y, §2373 ;
E. S. 1894, §2333; E. S., §326.)
[1881, p. 174. Approved April 14, 1S81. In force September 19, 1881.]
182. Fraud by Officer.
2T0. Whoever, being a Township Trustee, Inspector, Judge
of election, or Clerk of election, takes out of the ballot box any
ballot legally deposited therein, for the purpose of destroying the
same or substituting another in its place, or after the same has
been legally taken out, intentionally destroys or misplaces the
same with the intent to substitute another ballot therefor, or
Avith the intent to prevent the same from being counted at such
election ; or knowingly enters upon the poll books the name of any
person who has not legally voted at such election ; or intentionally
tallies any vote to any candidate not voted for by such ballot; or
permits any one of these acts to be done, — shall be fined not more
than one thousand dollars nor less than fifty dollars, imprisoned in
the State prison not more than five years nor less than one year,
and disfranchised and rendered incapable of holding any office of
trust for anv determinate period. (II. S. 1901, §2334; E. S.
1897, §2374; E. S. 1894, §2334; E. S. 1881, §2186.)
183. Altering Returns.
271. Any Township Trustee, Inspector or any person acting
for- or on behalf of any Trustee or Inspector while forming a
Board of Canvassers or before the canvassing of any Board of
Canvassers or after the adjournment of any Board of Canvassers,
who shall, with intent to cheat and defraud, alter any election re-
turn as made by the Election Board of any voting precinct, either
by increasing the vote of any candidate or reducing the same ; or
shall intentionally destroy, misplace, or lose any poll book or tally
sheet; or any Clerk of Court, who shall, with intent to cheat and
defraud, change or alter in any way the vote of any candidate as
returned by the Board of Canvassers ; or any such Trustee, In-
spector, Clerk, or Deputy Clerk, or other ])erson acting for such
persons who shall consent to the same being done, or who shall
permit the same to be done, — shall be fined not more than one
thousand dollars nor less than fifty dollars, imprisoned in the
CONCERNING ELECTIONS. 99
State prison not more than five years nor less than one year, and
disfranchised and rendered incapable of holding any office of trust
or profit for any determinate period. (R. S. 1901, §2335; R. S.
1897, §2375; R. S. 1894, §2335 ; R. S. 1881, §2187.)
184. Refusing to Receive Vote.
272. Whoever, being an Inspector or Judge of any election
held within this State, knowingly and wilfully, or corruptly, re-
fuses or neglects to receive the vote of any legal voter at any
election held within this State, shall be fined not more than five
hundred dollars nor less than fifty dollars, and disfranchised and
rendered incapable of holding any office of trust or profit for any
determinate period. (R. S. 1901, §2336; R. S. 1897, §2376; R.
S. 1894, §2336; R. S." 1881, §2188.)
185. Officer Persuading Voter.
273. Whoever, being an Inspector, Judge, or Clerk of an
election, attempts to induce, by persuasion, menace, or reward, or
promise thereof, any elector to vote for any person, shall be fined
not more than one hundred dollars nor less than ten dollars. (R.
S. 1901, §2337; R. S. 1897, §2377; R. S. 1894, §2337; R. S.
1881, §2189.)
186. Officer Opening or Marking Ticket.
274. Whoever, being a Judge, Inspector, Clerk, or other
officer of an election, opens or marks, by folding or othenvise, any
ticket presented by such elector at such election; or attempts to
find out the names thereon ; or suffers the same to be done by any
other person before such ticket is deposited in the ballot box, —
shall be fined in any sum not more than one hundred dollars nor
less than ten dollars, and disfranchised and rendered incapable
of holding any office of trust or profit for any determinate period.
(R. S. 1901, "§2338; R. S. 1897, §2378; R. S. 1894, §2338; R.
S. 1881, §2190.)
187. Deceiving Illiterate Voter.
275. Whoever furnishes an elector who can not read the
English language, at any election held pursuant to law, with a
ticket which such person shall repr^feent to such elector as con-
taining a name different from the one printed or written thereon,
shall be fined not more than one hundred dollars nor less than ten
dollars, and disfranchised and rendered incapable of holding any
office of trust or profit for anv determinate period. (R. S. 1901,
§2339; R. S. 1897, §2e379 ;" R. S. 1894, §2339; R. S. 1881,
§2191.)
100^ aENERAL LAWS
188. Defrauding Voter.
276. Whoever fraudulently causes or attempts to cause anv
elector, at any election held pursuant to law in this State, to vote
for a person different from the one he intended to vote for, shall
be fined not more than one hundred dollars nor less than ten dol-
lars. (K. S. 1901, §2340; K. S. 1897, §2380; R S. 1894,
§2340; R S. 1881, §2192.)
189. Using Violence, Threats or Restraint.
277. Whoever, for the purpose of influencing a voter, seeks,
by violence or threats of violence or threats to enforce the pay-
ment of a debt; or to eject or threatens to eject from any house
he may occupy; or to begin a criminal prosecution; or to injure
the bu.siness or trade of an elector ; or, if an employer of laborers
or an agent of such employer, threatens to withhold the wages of
or to dismiss from service any laborer in his employment ; or re-
fuses to allow to any such employe, time to attend at the place of
election and vote, — shall be fined not more than one thousand dol-
lars, nor less than twenty dollars, imprisoned in the State prison
not more than five years nor less than one year, and disfranchised
and rendered incapable of holding any office of trust or profit for
anv determinate period. (R S. 1901, §2341 ; R S. 1897, §2381 ;
R^S. 1894, §2341; R S. 1881, §2193.)
190. Seizing Ballot Box.
278. Whoever, at any election, unlawfully, either by force,
fraud, or other improper means, obtains or attempts to obtain pos-
session of any ballot box, or any ballots therein deposited, while
the voting of such election is going on or before the ballots are
duly taken out of such ballot box and counted by the Election
Board according to law, shall be fined not more than one thousand
dollars nor less than fifty dollars, imprisoned in the State prison
not more than five years nor less than one year, and disfranchised
and rendered incapable of holding any office of trust or profit for
any determinate period. (R. S. 1901^ §2342 ; E. S. 1897, §2382 ;
R S. 1894, §2342; R. S. 1881, §2194.)
191. Destroying Ballot Box or Ballots.
279. Whoever unlawfully destroys or attempts to destroy
any ballot box used, or any ballot or vote deposited, or any poll
book kept at any election, shall be fined not more than one thou-
sand dollars nor less than fifty dollars, imprisoned in the State
prison not more than five years nor less than one year, and dis-
franchised and rendered incapable of holding any office of trust
or profit for anv determinate period. (R. S. 1901, §2343 ; R. S.
1897, §2383; R S. 1894, §2343; R S. 1881, §2195.)
CONCERNING ELECTIONS. 101
192. Inducing Voters to Re-sign Petition.
280. Whoever, by persuasion, menace, or reward, or prom-
ise thereof, induces or attempts to induce any legal voter ef any
county to re-sign any written or printed petition for the re-loca-
tion of the county-seat of any county or any remonstrance against
such re-location, shall be fined not more than five hundred dollars
nor less than ten dollars, to which may be added imprisonment in
the county jail not more than six months nor less than ten days,
and he shall be disfranchised and rendered incapable of holding
anv office of trust or profit for any determinate period. (R. S.
1901, §2344; R. S. 1897, §2384; R. S. 1894, §2344; R. S. 1881,
§2196.)
193. Selling Signature to Petition.
281. Whoever, being a legal voter of any county, sells or bar-
ters or offers to sell or barter for money, property, or thing of
value, or for any promise or hope of reward, given or offered by
any person, his signature to any written petition for the re-location
of any county-seat, or to any remonstrance against such re-location,
shall be fined not more than five hundred dollars nor less than ten
dollars, to which may be added imprisonment in the county jail
not more than six months nor less than ten days, and he shall be
disfranchised and rendered incapable of holding any office of trust
or profit for any determinate period. (R. S. 1901, §2345 ; R. S.
1897, §2385; R. S. 1894, §2345; R. S. 1881, §2197.)
194. Fraud at Special Election.
282. Whoever votes more than once at any election for the
re-location of any county-seat, or for aid to any railroad, either at
the same precinct, or at different precincts, shall be deemed guilty
of a misdemeanor, and, on conviction, shall be fined in any sum
not more tlian fifty dollars nor less than ten dollars. (R. S. 1901,
§2346; R. S. 1897, §2386; R. S. 1894, §2346; R. S. 1881,
§2198.)
195. Buying Vote at Special Election.
283. Whoever buys or offers to buy, either by himself or
by any other person, or furnishes any money or any other means
to be used, or who shall permit his money or other means to be
used, to hire, buy, or induce any person to vote for or against
the removal of a county seat, or for or against the appropria-
tion of aid to any railroad; or whoever attempts to induce any
person to vote for or against such removal or appropriation, by
offering any reward or favor, — shall be deemed guilty of a mis-
demeanor. And whoever, being a voter of this State, sells or bar-
ters or offers to sell or barter, for any money or property, or any
■'J02 ,; •/" .''^^;\" ' ! :> . '■ GENERAL LAWS
thing of value, or any promise or hope of reward given or offered
by any person or persons, his vote for the removal or for the re-
location of a county seat, or against such removal or re-location, or
against such appropriation or in favor of such appropriation for
said railroad, shall be deemed guilty of a misdemeanor. And,
upon conviction of violating any provisions of this section, the per-
son so offending shall be fined in any sum not more than one hun-
dred dollars nor less than twenty-five dollars, and disfranchised
and rendered incapable of holding any office of trust or profit for
any determinate period not exceeding five vears. (R. S. 1901,
§2347; R. S. 189Y, §2387; R. S. 1894, §2347; R. S. 1881,
§2199.)
196. Bribing to Procure Election.
284. Whoever gives or offers a bribe, threat, or reward to
procure his election to any office under the Constitution of the
laws of this State, shall be fined not more than one thousand dol-
lars nor less than fifty dollars, and imprisoned in the State prison
not more than five years nor less than one year; and such person
so offending, if elected to such office, shall be disqualified from
holding office during the term for which he may have been elected,
and also disfranchised for any determinate period. (R. S. 1901,
§2348; R. S. 1897, §2388 j^'R. S. 1894, §2348; R. S. 1881,
§2200.)
[Acts 1905, p. 695. Approved March 10, 1905.]
197. Bribery of Election Officers.
478. Whoever, with intent to corrupt a grand or petit juror
or a grand or petit jury, referee, master-commissioner, arbitrator,
umpire, commissioner, to sell lands or to make a partition of
lands, appraiser of real estate or personal property, county com-
missioner, mayor of a city, or member of the Common Council
or other officer of any city, or Trustee of any incorporated town.
Trustee of any civil or school to^vnship, school, city or town, or
any Inspector, Judge or Clerk of election, or to influence him or
them with respect to the discharge of his or tbeir duty, either be-
fore or after he or they are summoned, elected, appointed quali-
fied or sworn, promises or offers him or them any money or val-
uable thing; and whoever, either before or after he is summoned,
elected, appointed, qualified or sworn as a grand or petit juror,
referee, master-commissioner, arbitrator, imipire, commissioner to
sell lands or to make partition of lands, appraiser of real estate
or personal property, county commissioner, mayor of a city, or
member of the Common Council or other officer of any city,
trustee of any incorporated town, trustee of any civil or school
CONCERNING ELECTIONS. 103
township, school city or town, or Inspector, Judge or Clerk of
election, solicits or accepts any money or other valuable thing
to influence him with respect to the discharge of his duties as
such, shall, on conviction, be imprisoned in the State prison not
less than two years nor more than fourteen years, fined not ex-
ceeding one thousand dollars, and disfranchised and rendered
incapable of holding any office of trust or profit for any de-
terminate period. (R. S. 1905, §2123.)
[Acts 1005, p. 717. Approved March 10, 1905.]
198. Betting on Elections.
561. Whoever makes any bet or wager, or sells or pur-
chases any pools on the results of any election held under the
laws of this State, or upon the result of any State election, or
upon the election of any person to any office, post or situation,
or upon the election of President or Vice-President of the United
States, or of Senators or Representatives in Congress, or of any
elector of President or Vice-President of the United States, or
sells or purchases any pools on the result of any horse race, or
trial of speed between men or animals, or of any game, shall,
upon conviction, be fined not less than five dollars nor more than
one hundred dollars, to which may be added imprisonment in
the county jail not less than ten days nor more than three months.
(R. S. 1905, §2205.)
[Acts 1905, p. 71G. Approved March 10, 1905.]
199. Inducing^ Minor to Bet on Elections.
559. Whoever, being an adult, by any device or pretense,
entices any person under the age of twent}^-one years, knowing
such person to be a minor, to engage in any game whatever for
money or property of any value, or plays or bets at or upon any
game or wager, or upon the result of any game or election, with
a minor, knowing him to be such, shall, on conviction, be fined
not less than five dollars nor more than one hundred dollars, to
which may be added imprisonment in the county jail not less than
thirty days nor more than one year. (R. S. 1905, §2203.)
[Acts 1005. p. 721. Approved March 10, 1905.]
200. Liquor — Sellings on Election Day.
579. Whoever shall sell, barter or give away, to be drunk
as a beverage, any spirituous, vinous, malt, or other intoxicating
liquors, upon Sunday, the Fourth of July, the first day of Jan-
nary, the twenty-fifth day of December, commonly called Christ-
mas, Thanksgiving day as designated by proclamation of the Gov-
ernor of this State, or the President of the United States, or
any legal holiday, or upon the day of any State, county, town-
104 GENERAL LAWS
ship, primary or municipal election in the township, town or
city where the same may be holden, or between the hours of
eleven o'clock p. m. and five o'clock a. m., shall, on conviction,
be fined not less than ten dollars nor more than fifty dollars, to
which may be added imprisonment in the county jail or work-
house not less than ten days nor more than sixty days. (R. S.
1905, §2226.)
[Acts 1905, p. 722. Approved March 10, 1905.]
201. Druggist Selling Liquor on Election Day.
580. It shall be unlawful for any druggist or druggist's
clerk to sell, barter, or give away any spirituous, vinous, malt
or other intoxicating liquor on Sunday, or upon the Fourth of
July, the first day of January, the twenty-fifth day of Decem-
ber, commonly called Christmas, Thanksgiving day, or any legal
holiday, or upon the day of any State, county, township, primary
or municipal election in the township, town or city where the
same may be holden, or between the hours of eleven o'clock p. m.
and five o'clock a. m. of any day, unless the person to whom the
same is sold, bartered or given shall have first procured a written
prescription therefor from some regular practicing physician of
the county where the -same is sold, bartered or given away. And
any person so offending shall, on conviction, be fined not less
than ten dollars nor more than fifty dollars, to which may be
added imprisonment in the county jail or workhouse not less
than ten days nor more than sixty days. (R. S. 1905, §2227.)
[Acts 1905. p. 481. Approved March 0, 1905.]
202. Penalty for Selling or Offering to Sell Vote.
2. AYhoever sells, barters, or offers to sell or barter hi.^
vote or offers to refrain from voting for any candidate for any
office to be voted for at any election held in this State, either
for any money or property or thing of value or for any promise
or favor or hope of reward, given or offered by any candidate to
be voted for at any election held in this State or by any other
person or persons, shall be fined in any sum not more than fifty
dollars and disfranchised and rendered incapable of holding any
ofiice of trust or profit for a period of ten years from the date of
such conviction. (R. S. 1905, §2279.)
[Acts 1905, p. 481. Approved Marcli 0. 1905. J
203. Penalty for Buying Votes.
1. That whoever, directly or indirectly, hires, buys or of-
fers to hire or buy, or furnish any money or other means to be
CONCERNING ELECTIONS. 105
used, or directs or permits his money or other means to be used,
or handles any money or other means, knowing the same to be
used to induce, hire, or buy any person to vote or refrain from
voting any ticket or for any candidate for any office, to be voted
for at any election held in this State ; or whoever attempts to in-
duce any person to vote or to refrain from voting for any can-
didate for any office to be voted for at any election held pur-
suant to law or at any primary held in this State, by offering sucli
person any reward or favor, shall be fined in any sum not more
than fifty dollars and disfranchised and rendered incapable of
holding any office of trust or profit for a period of ten years
from the date of such conviction. (R. S. 1905, §2278.)
[Acts 1905, p. 482. Approved March 6, 1905.]
204. Witnesses.
3. Any person called as a witness to testify against an-
other for the violation of any of the provisions of sections one
or two of this act, is a competent witness to prove the offense,
although he may have been concerned as a party, and he shall
be compelled to testify as other witnesses, but such evidence shall
not be used against him in any prosecution for such or any other
offense growing out of matters about which he testifies, and he
shall not be liable to trial by indictment or information or pun-
ished for such offense. (R. S. 1905, §2280.)
[Acts 3905, p. 482. Approved March 6, 1905.]
205. Repeal.
4. That the act entitled "An act to procure the purity of
general, special and primary elections and conventions, prescrib-
ing punishment for the violation thereof, and reward for con-
viction of violations of the provisions thereof, and to repeal sec-
tions three (3), four (4), five (5) and six (6) of an act entitled
^An act concerning elections and nominating conventions, to main-
tain political purity and prescribing punishment for any viola-
tion thereof,' approved March 9, 1889, and an act entitled ^An
act to secure the purity and freedom of the ballot and to re-
peal Sections one (1), two (2), three (3) and five (5) of an act
entitled 'An act to protect the ballot box, to procure fair elec-
tions, to prevent the purchase or sale of votes, to provide means
of proving such offenses, prescribing the penalty therefor and
repealing Sections 268 and 269 of an act concerning public of-
fenses and their punishment, approved April 14, 1881, beins:
Sections 2184 and 2185 of the revised statutes of 1881, and
repealing all laws and parts of laws in conflict with the pro-
106 GENERAL LAWS
visions of this act, approved March 9, 1889, and an act con-
cerning public offenses and their punishment, approved March
8, 1897, and all laws and parts of laws in conflict with the pro-
visions of this act, approved March 4, 1899, be and the same
is hereby repealed. (R. S. 1905, §2281.)
206. Repealed.
See Acts 1905, p. 482.
CONCERNING ELECTIONS. 107
CHAPTER 4.
SEC.
207.
208.
209.
210.
211.
212.
ELECTORS— PRESIDENTIAL.
SEC.
When chosen. 213. Deputy Marshals— Vacancies.
Notice— How and by whom given. 214. Duties of Marshals and Secretaries
Certificate to Marshal. of State.
Return-districts. 215, Meetinj? of Electors— Vacancies.
Duty of Governor. 216. Vote of Electors,
Affidavit of Marshal. 217. Pay of Electors and Marshals.
[1 R. S. 1852, p. 516. Approved May 20, 1852. In force May 6, 1853.]
207. When Chosen.
1. The qualified electors of the State shall, on Tuesday
following the first Monday in ]N"ovember, in the year 1852, and on
Tuesday following the first Monday in N'ovember in every fourth
year thereafter, elect Electors of President and Vice-President
of the tlnited States; which election shall, in all respects, be gov^-
erned by the law regulating general elections. (R. S. 1901,
§6340; R. S. 1897, §6642; R. S. 1894, §6340; R. S. 1881,
§4769.)
208. Notice — How and by Whom Given.
2. The Sheriff of each county shall give notice of the
time of holding such elections, together with the number of
Electors to be elected, by publishing such notice in some news-
paper within the county, or by written or printed notices to be
set up at the usual places of holding elections in the respective
townships, at least twenty days preceding the time of holding
such elections. (R. S. 1901, §6341 ;.R. S. 1897, §6643; R. S.
1894, §6341; R. S. 1881, §4770.)
209. Certificate to Marshal.
3. Boards of elections in the several townships or precincts
shall make out certificates, under their hands, certifying in words,
the number of votes that each person received for Elector; and
the same shall be* attested by the clerks of said election, sealed
in the presence of such judges, and put into the hands of the
selected judges, who shall, on the ensuing Thursday, deliver the
same to the Clerk of the Circuit ' Court, or, in his absence, to
his deputy, or in their absence, to the Sheriff, who shall in the
presence of such judges in attendance, between the hours of
twelve iand'six, of said day, compare the different returns, and
make out, in words, a certificate of t^e number of votes each
cnnrlidate for Elector received in the county; which certificate
shall be signed by the Clerk, deputy, or Sheriff officiating, and
108 GENERAL LAWS
be sealed with the seal of the Circuit Court of the county, and
delivered by such Clerk, deputy, or Sheriff to the Marshal ap-
pointed to convey the same to the seat of government. (R. S.
1901, §6342; R. S. 1897, §6644; R. S. 1894, §6342; R. S.
1881, §47.71.)
210. Return-Districts.
4. Each congres'sional district shall compose one return-
district, and shall be numbered as the districts are numbered
when the votes are taken. (R. S. 1901, §6343; R. S. 1897,
§6645; R. S. 1894, §6343; " R. S. 1881, §4772.)
211. Duty of Governor.
5. The Governor shall, before the first day of October in
each year in which such election is to be held, appoint some
citizen in each district as Marshal, who shall hold his office until
the duties required of him by this Act are performed. (R. S.
1901, §6344; R. S. 1897, §6646; R. S. 1894, §6344; R. S. 1881,
§4773.)
212. Affidavit of Marshal.
6. Each Marshal, before the first Monday in November
following, shall make an affidavit on the back of his appointment
that he will, without fraud or delay, perform the duties required
of him by this Act. (R. S. 1901, §6345 ; R. S. 1897, §6647 ; R.
S. 1894, §6345; R. S. 1881, §4774.)
213. Deputy Marshals — Vacancies.
7. Such Marshals may appoint deputies, who shall make
the same affidavit on the back of their appointment as is required
of Marshals ; and vacancies occurring in the office of Marshal, by
removal from the State or otherwise, shall be filled by the Judge
of the Circuit Court of the county in which such Marshal resided.
(R. S. 1901, §6346; R. S. 1897, §6648 ; R. S. 1894, §6346; R. S.
1881, §4775.)
214. Duties of Marshal and Secretary of State.
8. Each Marshal or his deputy shall visit the county-seats
of the counties in his district, receive the returns thereof from
the Clerks, deputies, or Sheriffs officiating, and deliver the same,
on the fourth Monday in I^ovember following, between the hours
of nine and eleven of said day, to the Secretary of State, who,
in the presence of the Governor and all the Marshals in at-
tendance, between the hours of twelve and six o'clock on said
day, shall compare such certificates and read aloud the num-
ber of votes each person has received, and make out an ab-
stract of the persons voted for, and the number, in words, of
«ONCBKNIN« SLBGTIONS. lOd
votes given to each; and the Governor shall forthwith make out
and transmit, by mail, to the persons having the highest number
of votes, certificates of their election. But, if more than the
number of persons to be elected have the greatest and an equal
number of votes, then the election of those having an equal num-
ber of votes shall be determined by lot, drawn by the Secretary
of State in the presence of the Govenior and Marshals. (R. S.
1901, §6347; R. S. 1897, §6649; R. S. 1894, §6347; R. S. 1881,
§4776.)
215. Meeting of Electors — Vacancies.
9. Such Electors shall assemble in the chamber of the House
of Representatives, on the first Monday in December, or such
other day as may be fixed by Congress to elect such President and
Vice-President, at the hour of ten o'clock a. m., and the Governor
shall then and there deliver to the Electors present a certificate
of the names of all the Electors ; and if any Elector fail to appear
before eleven in the morning of said day, the Electors present shall
by ballot, by a majority of all present, fill such vacancy; which
election shall be forthwith certified by a majority of the Electors
to the Governor, who shall immediately notify such person of his
election. (R. S. 1901, §6348; R. S.'^1897, §6650; R. S. 1894,
§6348; R. S. 1881, §4777.)
1. By an Act of Congress the Electors meet now on the second Mon-
day in January next following their appointment (or election) at the place
where the Legislature meets. 2 R. S. U. S., p. 527; 24 U. S. at Large 373.
216. Vote of Electors.
10. Such Electors when so assembled, and such vacancies
are so filled, shall then and there proceed to vote, by ballot, for
President and Vice-President of the United States, and perform
the duties required bv the Constitution and laws of the United
States. (R. S. 190f, §6349; R. S. 1897, §6651; R. S. 1894,
§6349; R. S. 1881, §4778.)
217. Pay of Electors and Marshals.
11. The compensation of such Electors and Marshals shall
be audited by the Auditor of State, and paid by the State Treas-
urer out of any moneys not otherwise appropriated, as follows,
to. wit: Such Electors as attend shall receive the same per diem
and mileage as members of the General Assembly ; each Marshal
shall be allowed ten cents for every mile he shall travel in collect-
ing said returns, and in going to and from the seat of government,
to be computed by the nearest and most usual route from county-
seat to county-seat, and to the seat of government to and from the
countv-seat of the county in wliioli ho ro>^idcs. (R. S. 1901,
§6350: R. S. |.S07, ^cr.nS; K. S. IMDl, §6350; K. S. 1««1,
§1779. "i
110 GENERAL LAWS
CHAPTER 5.
VOTING WITH MACHINES.
218.
Commission.
234.
Recording roll.
219.
Examine macliines— Report.
235.
Custody of Keys.
220.
Construction and assignment of ma-
236.
Laws applicable.
cliines.
237.
Officers neglect of duty, penalties.
221.
Purcliasing macliines.
238.
Injuring machine or ballots.
222.
Paying for macliines.
239.
False affidavit.
Using distingTiishing marks, penal-
223.
Bribing County Commissioners.
240.
224.
School Commissioners.
ties.
225.
Election rooms.
241.
Officers tampering with machine
226.
Illiterate voters.
penalty.
227.
Ballot label.
242.
False returns, penalty.
228.
Sample ballot.
243.
Cities and towns may use ma
229.
Duties of the Inspector.
chines.
230.
Irregular ballots.
244.
Experimental use.
231.
Conduct of voter.
245.
Printing ballots, when.
232.
Announcement of result.
246.
Laws repealed.
233.
Locking machines.
[Acts 1901, p. 591. Approved and in force March 15, 1901. J
218. Commission.
1. There is hereby constituted a body to be known as the
Indiana Voting Machine Commission. It shall consist of three
members, competent and responsible persons, one of whom shall
be a mechanical expert, not more than two of whom shall be mem-
bers of the same political party, and none of whom shall have any
pecuniary interests in any voting machine. Their term of office
shall be four years from the date of appointment. They and their
successors shall be appointed by the Governor, who shall have
power to remove a Commissioner at any time and to fill all vacan-
cies. The first Commissioner shalLbe appointed within thirty days
after the taking effect of this act. The Commissioners shall qual-
ify by taking an oath in writing, to support the Constitution of the
United States and of the State of Indiana, and to faithfully and
honestly discharge their duties and filing the same in the office of
the Auditor of State; and all such examinations shall be public.
(K. S. 190i; §6326.)
219. Examine Machines — Report.
2. Any person or corporation owning or being interested in
any voting machine, may apply to said Commission to exami<ne
such machine and report on its accuracy, efficiency and capacity.
The Commissioners shall examine the machine and make and file
a report thereon in the office of the Secretary of State. They shall
state in the report whether the kind of machine so examined com-
plies with the requirements of this Act and can be safely used by
voters at elections under the conditions prescribed in this Act.
CONOEBNINO ELECTIONS. Ill
If the report be in the aflfirmative upon said questions, the ma-
chine shall be deemed approved by the Commission, and machines
of its kind may be adopted for use at elections as herein provided.
When the machine has been so approved, any improvement or
change that does not impair its accuracy, efficiency or capacity
shall not render necessary a re-examination or re-approval thereof.
Any form of voting machine not so approved can not be used at
any election. Each Commissioner Shall be entitled to fifty dollars
($50) for his compensation, and expenses, in making such exami-
nation and report, to be paid by the person or corporation applying
for such examination, which may be demanded in advance of mak-
ing the examination. The Commission may if it consents to do so
go to any point in the State for the purpose of examining a ma-
chine, but it shall not be compelled to make such examination at
any place other than the capital of the State. (R. S. 1901,
§6327.)
220. Construction and Arrangement of Machine.
3. JN'o machine shall be approved by the Commissioners un-
less it be so constructed as that it affords each elector, an oppor-
tunity to vote in absolute secrecy; to vote a straight party ticket,
or part of one party ticket and part of another or other party
tickets: to vote for all candidates for whom he is entitled to vote,
and prevents him from voting for any candidate more than once ;
that prevents the elector from voting for more than one person for
the same office unless he is lawfully entitled to vote for more than
one person therefor, and in that event permits him to vote for as
many persons for that office as he is by law entitled, and no more -,
and that such machine will correctly register by means of me-
chanical counters every vote cast on the regular tickets thereon;
that the machine shall be provided with seven pairs of "yes" or
"no" counters with the operating or voting devices therefor, and
shall have the capacity to contain the tickets of seven political
parties with the names of all candidates thereon, except that it
may be so constructed as that the names of all candidates for
presidential electors w^ill not occur thereon, but in lieu thereof one
ballot label in each party columns or row shall contain only the
words "Presidential Electors" preceded by the party name; and
every vote registered for such ballot label shall operate as a vote for
all candidates of such party for presidential electors and shall be
counted as such ; and that all votes cast on the machine on a regu-
lar ballot or ballots shall be registered. It shall also be so con-
structed as that any elector may by means of irregular ballots or
otherwise vote for any person for any office although such person
may not have been nominated by any party and his name may not
appear on such machine ; and that when a person is voted for for
112 GENERAL LAWS
any such office, when name does not appear on the machine, the
electoi' can not vote for any name on the machine for the same
office. It shall be so constructed as that each elector may readily
understand and understandingly and within the period of one min-
ute cast his vote for all candidates of his choice. In case the ma-
chine-is so constructed as that the candidate for presidential elect-
ors of any party can only be voted for by voting for the ballot label
containing the words ^Tresidential Electors/'' it must be so con-
structed as that by voting an irregular ticket as hereinafter defined,
the elector may vote for any person or persons he may choose for
presidential electors. The machine must be provided with a lock
or locks by the use of which ony movement of the voting or regis-
tering mechanism is absolutely prevented, and so that it can not
be tampered with or manipulated for any fraudulent purpose;
and the machine must be susceptible of being so closed during the
progress of the voting as that no person can see or know the num-
ber of votes registered for any candidate. (R. S. 1901, §6328.)
[Acts 1903, p. 278. In force April 22, 1903.]
221. Piirchasing Machines.
4. The Board of Commissioners of every county in this
State in which is located a city having a population of thirty-six
thousand or more, according to the last preceding United States
census, shall and the Board of Commissioners of all other counties
in this State may, adopt and purchase or procure for use in the
various precincts of the county, any voting machine approved in
the manner above set forth in this act by the voting machine com-
mission, and none other: Provided, That the Board of Commis-
sioners shall purchase or procure no voting machine unless the
party or parties selling it shall guarantee, in writing, to keep the
machine in working order for not less than five (5) years with-
out additional cost to the county, and give a bond conditional to
that effect; but it shall be the duty of such Board of Commis-
sioners to adopt and purchase or procure no such machine unless
they are themselves satisfied that it complies with the require-
ments of Section 3 of this act, and that it is thoroughly reliable
and correct in its operation, readily understood and operated, can-
not be fraudulently manipulated, and will unquestionably main-
tain the secrecy of the ballot. If it shall be impossible to supply
each and every election district with a voting machine, or voting
machines, at any election following the adoption of such machines
in a county, as many may be supplied as it is possible to procure,
and the same shall be used in such precincts of the county as the
Board of Commissioners shall order. The precincts in which vot-
ing machines are used shall contain as near as practicable six
hundred voters : Provided, This number of voters may be re-
CONCERNING ELECTIONS. 113
diiced in country precincts at the discretion of the County Com-
missioners. The boundaries of such precincts shall be established
by the Board of Commissioners not later than their regular June
session of the year in which a general election occurs in this State,
and the order of the Board of Commissioners for the use of voting
machines in such precincts shall be made at the same time that
the boundaries are so established; and said boundaries shall not
be changed, nor said order rescinded, after such June session of
the Board of Commissioners until after the next ensuing general
election: Provided, That if for any reason, it should turn out to
be impossible to obtain machines for use in such precincts, then
the same may be provided or changed so as to conform to the law
with reference to precincts in which machines are not used; and
the notice of such division or change shall be given in the man-
ner prescribed by law for notices of change of precinct boundaries ;
And provided further. That if the Board of County Commission-
ers shall have on hand, and certainly ready for use at the election,
more machines than precincts have been provided for, they may,
at any regular or special session not later than the first day of
September in any year in which a general election is held, unite
two or more precincts into one for the purpose of using therein at
such election a voting machine, and notice of such uniting shall be
given in the manner prescribed by law for notice of change in the
precinct boundaries. And the order for use of machines in such
united precincts shall be made by the Board of County Commis-
sioners at the time such precincts are united. The Board of
County Commissioners shall have the care and custody of all ma-
chines while not in use. (Acts 1903, p. 278 ; R. S. 1905, §6329.)
222. Paying for Machines.
5. Payment for voting ma/?hines purchased or procured may
be provided for in such manner as is deemed best for the inter-
ests of the county. Money may be borrowed for the purpose, and
bonds or other evidences of indebtedness of the county be issued
and sold in the same manner and upon the authority prescribed by
law. (Acts 1903, p. 278; R. S. 1905, §6330.)
223. Penalty for Bribe.
3. Any member of any Board of County Commissioners of
any county who shall receive or accept, directly or indirectly, any
money, property or other thing of value for his influence, vote or
action in connection with the purchase of any voting machine or
voting machines by such county from any person, firm or corpo-
ration shall be fined in a sum not to exceed three thousand
($3,000.00) dollars, to which may be added imprisonment in the
8
114 GENERAL LAWS
State's prison for a term of two to four years, and shall also be
disfranchised for a period of ten years. (Acts 1903, p. 278 ; K.
S. 1905, §6330a.)
224. School Commissioners.
4. In the elections in v/hich there shall be School Commis-
sioners to be elected^ the proper Board of Election Commissioners
shall arrange the names of candidates for School Commissioners
in order on the several machines in such a way, so far as possible,
that the name of each candidate shall appear at the head of the
column for his term of office as often as that of any other such
candidate shall so appear, and in second, third and fourth place,
and each succeeding place, a like number of times. (R. S. 1905,
§6330b.)
225. Election Rooms.
6. The room in which the election is held shall have a rail-
ing separating the part of the room to be occupied by the Election
Board from that part of the room occupied by the voting machine.
The exterior of the voting machine and every part of the polling
place shall be in plain view of the Election Board. The machine
shall be so placed as that no person on the opposite side of the rail-
ing can see or determine how the voter cast his vote. And that no
person can see or determine from the outside of the room. / After
the opening of the polls neither the Inspector nor any Judge of
the election shall allow any person to pass within the railing to
the part of the room \vhere the machine is situated, except for the
purpose of voting, except as provided in the next succeeding sec-
tion of this Act ; and they shall not permit more than one voter at
a time to be in such part of the room. They shall not themselves
remain or permit any person to remain in any position or near any
position that would permit him to see or ascertain how the voter
votes or how he has voted. 'No voter shall remain within the vot-
ing booth or compartment longer than one minute, and if he
should refuse to leave it after the lapse of that time, he shall at
once be removed by the Election Board or election sheriff or
sheriffs upon the order of the Board. (R. S. 1901, §6331.)
226. Illiterate Voter.
7. If any voter shall in the presence of the Election Board
make affidavit in writing that he is unable to read the English lan-
guage or that by reason of physical disability, setting out the par-
ticulars in which said physical disability exists, he is unable to
register his vote upon the machine, he shall be accompanied into
the voting booth by both of the election clerks, and there declare
his choice of candidate* to such clerks, who, in his presence and
CONCERNING ELECTIONS. 115
in the presence of each other, shall register his vote upon the ma-
chine for the candidates of his choice.
Any poll clerk or poll clerks who shall deceive any elector in
registering his vote under this section, or who shall register his
vote in any other way than as requested by such person, or who
shall give information to any person as to what ticket or for what
person or persons such person voted, shall be guilty of a felony,
and on conviction shall be imprisoned in the penitentiary not more
than five nor less than two years, and disfranchised for any deter-
minate period not less than five years. (R. S. 1901, §6332.)
227. Ballot Label.
8. That portion of cardboard, paper, or other material,
placed on the front of the machine containing the names of the
candidates, or a statement of a proposed constitutional amendment
or other question or proposition to be voted on, shall be known in
this Act as a ballot label. The ballot label shall be caused to be
printed and shall be furnished by the County Board of Election
Commissioners, and shall be printed, in black ink on clear white
material of such size as will fit the machine, and in plain, clear
type as the space will reasonably permit. The party device for
such political party, which has been adopted in accordance with
law, and the party name or ,other designation shall be prefixed, to
the list of candidates of such party. (R. S. 1901, §6333.)
228. Sample Ballots.
9. The State Board of Election Commissioners shall cause
to be printed, for the use of the County Board of Election Com-
missioners of the several counties of the State five sample ballots,
which shall be exact copies of the official ballots which are caused
to be printed by them, but on different colored paper from the
official ballots ; said sample ballots shall be enclosed in a separate
wrapper or envelope from that of other papers delivered by the
State Board of Election Commissioners to the Clerk of the Cir-
cuit Court or his messenger, and shall be directed to the County
Board of ^Election Commissioners; and they shall be delivered to
the Clerk of the Circuit Court or other messenger who carries the
official ballots from the State Board of Election Commissioners
to the county, and shall be by him carried to the office of the Clerk
of the Circuit Court of the county and there deposited and kept
until taken into the custody of the County Board of Election Com-
missioners. The County Board of Commissioners shall provide
at least five sample ballots for each precinct of the county in which
a voting machine is to be used, which shall be arranged in the
fonn of a diagram showing the entire front of voting machine as
it will appear after the ballot labels are arranged thereon for vot--
11($ •a^^BAL ULWI
ing on election day. The party ticket on such sample ballots, the
offices to be filled and the names of the candidates thereon, shall
be arranged in the same order in which they occur on the official
ballots printed under the jurisdiction respectively of the State and
County Board of Election Commissioners, except where presiden-
tial electors are to be voted for at any election and the machine to
be used is not sufficient to carry the names of all of the candidates
for such electors, then there may be placed as the first ballot label
of each party ticket, a ballot containing the words 'Tresidential
Electors," preceded by the name of the political party. The ticket
of each political party on such sample ballot shall be arranged in
the following order : First, the State ticket or ticket voted for by
the whole State; second, the county ticket, and third, the town-
ship ticket, if any. In all cases the ticket shall be arranged on th(3
machine for the purpose of voting, in exact accordance with the
sample ballot so furnished by the County Board of Election Com-
missioners. At least three of such sample ballots shall be posted
by the Inspector of the precinct or under his direction near the
entrance of the chute at the election precinct, and shall there ho
open to public inspection during the whole of election day. In
addition to said sample ballots the Board of Election Commission-
ers may furnish in connection with instruction cards, diagrams of
the front of the machine with ballot labels pasted thereon, at least
two of which shall also be posted up near the voting place if fur-
nished. (E. S. 1901, §6334.)
229. Duties of Inspectors.
10. The Inspector of each election precinct in which a vot-
ing machine is to be used, shall appear at the office of the Clerk
of the Circuit Court not more than three nor less than two days
before the election, and there receive from the County Board of
Election Commissioners the sample ballots, three complete sets of
ballot labels, and all poll books, and other supplies of whatever
character necessary to conduct the election in his precinct, and
make return thereof. The County Board of Election Commis-
sioners shall, before the day of election, cause the proper ballot
labels to be put upon each machine corresponding with the sample
ballot herein provided for, and the machine in every way to be
put in order, set and adjusted, ready for use in voting when de-
livered at the precinct ; and for the purpose of so labeling the ma-
chine, putting in order, setting and adjusting the same, they may
employ one or more competent persons and cause him or them to
be paid out of the county treasury in the same manner that other
expenses incurred by the said board are paid. And the Board of
County Commissioners shall cause the machine so labeled, in or-
der, set and adjusted, to be delivered at the voting precinct, to-
CONCERNING ELKOTIOlfS. 117
gether with all necessary furniture and appliances that go with
the same in the room where the election is to be held in the pre-
cinct, not later than six o'clock p. m. of the day preceding the elec-
tion. After the delivery of such machine and on the same day the
Inspector and Election Judges of the precinct may meet at said
room, open the package containing the sample ballots and if neces-
sary the ballot labels, and see that said machine is correctly labeled,
set and adjusted, ready for use in voting ; and if the same is not so
labeled, set and adjusted and in order, they shall immediately
label, set and adjust the same and place it in order or cause it to
be done. On the morning of the election the Election Board, in-
cluding the Inspector, Judges, Poll Clerks and Sheriffs, if any,
shall meet at said room at least one hour before the time for open-
ing the polls. The Inspector shall then cause the chute on the
outside of the building to be erected, sample ballots and instruc-
tion cards to be posted, and everything put in readiness for the
commencement of voting at the hour of opening the polls. The
Election Boards, in the presence of the clerks, shall compare the
ballot labels on the machine with the sample ballot, see that they
are correct, examine and see that all the counters in the machine
are set at zero, and that the machine is otherwise in perfect order,
and they shall not thereafter permit the counters to be operated
or moved except by electors in voting, and they shall also see that
all necessary arrangements and adjustments are made for voting
irregular ballots on the machine. (R, S. 1901, §6335.)
230. Irregular BaUots.
10 J. Ballots voted for any person whose name does not ap-
pear on the ballot label on the machine as a candidate for office,
are herein referred to as irregular ballots. Where two or more
candidates are to be elected to the same office the voting devices
belonging to all the candidates for said offices shall be included in
a group herein referred to as a multicandidate group. Except for
presidential electors, and except in multicandidate groups, where
the irregular balloting device requires otherwise, no irregular bal-
lot shall be voted for any person for any office whose name appears
on the ballot label on the front of the machine as a candidate for
that office ; any irregular ballot so voted shall not be counted. An
irregular ballot must be cast in its appropriate place on the ma-
chine, or it shall be void and not counted.
In voting for presidential electors an elector may vote an irregu-
lar ticket, made up of the names of persons in nomination by
different parties or partially of the names of persons so in nomina-
tion and partially of persons not in nomination, or wholly of names
of persons not in nomination by any party. Such irregular bal-
118 GENERAL LAWS
lot shall be deposited, written or affixed in or upon the receptacle
or device provided on the machine for that purpose. (E. S. 1901 ,
§6335a.)
231. Conduct of Voter.
11. When a voter has passed the challengers and entered
the election room he shall announce his name to the Poll Clerk in
the presence of the Board and each of the Poll Clerks shall write
his name on the poll book in his possession. If not challenged by
any member of the Board, the voter shall then be permitted to
pass the railing to the side where the machine is and into the vot-
ing booth or compartment, and he shall there register his vote in
secret. Having done so he shall immediately pass out and an-
nounce to the clerks that he has voted, who shall write opposite his
name "voted,'' and he shall leave the room. Not more than one
voter at a time shall be permitted on the j-ide of the railing where
the machine is, and not more than one ether voter shall be per-
mitted in the room while he is in. And not more than one voter
besides the Election Board, Clerks and Sheriffs, shall be permitted
in the room at a time, if any member of the Election Board ob-
jects thereto. (K. S. 1901, §6335b.)
232. Announcement of Result.'
12. As soon as the polls of the election are closed the In-
spector, in the presence of the Judges and Poll Clerks, shall
immediately lock the voting machine against voting and open the
counting compartment, giving a full view of all the counter num-
bers to all members of the Election Board, including Poll Clerks
and Sheriffs. The Inspector shall, in the order of the offices as
their titles are arranged on the machine, read and announce in dis-
tinct tones the result as shown by the counter numbers, and shall
then read the votes recorded for each office on the regular ballots.
He shall also in the same manner announce the vote on each con-
stitutional amendment, proposition or other question voted on.
The vote so announced by the Inspector shall be taken down by
each of the Poll Clerks and recorded on books or papers prepared
for that purpose. They shall record the number of votes received
for each candidate on the regular ticket and also the number re-
ceived by each person on the irregular ticket. The certificates of
the number of votes cast for each person shall be made and signed
as required by law in case of other election returns, and all state-
ments of the number of votes required by law in duplicate, tripli-
cate or otherwise, shall be made, signed by the election officers.
And such certificates and other papers shall be returned to the
office of the Clerk of the Circuit Court, and to the Board of Can-
vassers in the same manner^ under the same regulations and penal-
CONCEBNINO ELECTIONS. 119
ties as are prescribed by law for election returns from precincts
in which no voting machine is used. (R. S. 1901, §6335c.)
233. Locking- Machine.
13. The Inspector, as soon as the count is completed and
fully ascertained, as in this Act required, shall close and lock the
machine against voting or being tampered with, and it shall so
remain for a period of at least thirty days. When irregular bal-
lots have been voted the Inspector shall return all of such ballots
in a properly secured sealed package, endorsed "irregular ballots,'^
and indicating the precinct and county, and file such package with
the Clerk of the Circuit Court. It shall be preserved for six
months after such election, and may be opened and its contents
examined only upon an order of a court of competent jurisdiction ;
at the end of six months, unless ordered otherwise by the Court,
such package and its contents may be destroyed. (R. S. 1901,
§6335d.)
234. Recording Roll.
14, A voting machine which possesses all of the qualities re-
quired by this Act may be supplied in addition, with a paper re-
cording roll on which all the votes registered on the mechanical
counters Avill be separately recorded on such roll. When a ma-
chine is STipplied with such roll the same shall not be taken out or
examined by the Election Board who makes the return from the
precinct, but such machine shall be locked with such roll therein,
and so remain for the period of at least thirty days unless within
that time the machine be ordered opened and the roll taken out
and examined by some court of competent jurisdiction. At the
end of such thirty days such roll may be taken out unless other-
wise ordered by a court of competent jurisdiction. (R. S. 1901,
§6335e.)
235. Custody of Keys.
14^. When the machine is locked at the close of an election
in the manner required by this Act, the Inspector shall place all
keys of the machine on a strong and sufficient string or wire, label
the same with the make and number of the machine and precinct
at which used at such election, and return such keys to the Auditor
of the county not later than ten o'clock a. m. of the Thursday
following the election. The Auditor shall securely keep such
keys and not permit the same to be taken, or any voting machine
unlocked, for a period of thirty days from the election unless or-
dered otherwise by a court of competent jurisdiction. At the end
of such thirty days he shall turn all keys over to the Board of Com-
missioners unless otherwise ordered by Court. (R. S. 1901,
§63351)
120 GENERAL LAWS
236. Laws Applicable.
15. All laws of this State applicable to elections where vot-
ing is done in other manner than by machines and all penalties
prescribed for violation of such laws, shall apply to elections and
precincts where voting machines are used in so far as they are
not in conflict with the provisions of this Act. (R. S. 1901,
§6335g.)
237. Officers— Neglect of Duty— Penalties.
16. Any public officer or any election officer upon whom any
duty IS imposed by this Act, or who shall wilfully omit or neglect
to perform such duties, or do any act prohibited herein, for which
punishment is not otherwise provided herein, shall, upon convic-
tion, be imprisoned in the State prison for not less than one year
or more than three years, or be fined in any sum not exceeding
two thousand ($2,000) dollars, or may be punished by both such
imprisonment and fine. (R. S. 1901, §6335h.)
238. Injuring Machine or Ballots.
17. Any person not being an election officer, who, during
any election, or before any election, after a voting machine has
had placed upon it the ballot label for such election, who shall
tamper with such machines, disarrange, deface, injure or impair
the same in any manner, or mutilate, injure or destroy any ballot
label placed thereon, or to be placed thereon, or any other appli-
ance used in connection with such machine, shall be deemed guilty
of a felony, and on conviction thereof shall be imprisoned in the
State prison for a period of not less than two nor more than ten
years. (R. S. 1901, §63351.)
239. False Affidavit.
18. Whoever shall knowingly or wilfully make a false affi-
davit, under any of the provisions of this Act, shall be deemed
guilty of perjury. (R. S. 1901, §6335j.)
240. Using Distinguishing Marks — Penalties.
19. Whoever shall induce or attempt to induce any elector
to write, paste or otherwise place on an irregular ballot voted on
a voting machine at any election, any name, sign or device of any
kind as a distinguishing mark by which to indicate to another how
such elector has voted; or shall enter into or attempt to form any
agreement or conspiracy with any person to induce or attempt to
induce or attempt to induce electors, or any elector, to so place
any distinguishing mark on such ballot; or who shall atterapt to
induce any elector to do anything with a view to enabling another
person to see or know for what ticket or for what persons or any
CONCERNIIfG ELECTIONS. 121
of them such elector votes on such machine; or who shall enter
into or attempt to form any agreement or conspiracy to induce any
elector to do anything for the purpose of enabling another person or
persons to see or know for what ticket, person or persons such
elector votes ; or who shall attempt to induce any person to place
himself in such position, or to do any other thing as will enable
him to see or know for what ticket or candidates any elector other
than himself votes on such machine; or who himself attempts to
get in such position, or do any other thing, so that he will be
enabled to see or know how any elector other than himself votes on
such machine, shnll be guilty of a felony, and on conviction im-
prisoned in the State prison not less than two nor more than five
years. (R. S. 1901, §6335k.)
241. Oflacers Tampering with Machine — Penalty.
20. Whoever, being an Inspector, Judge or Clerk of an elec-
tion, with intent to cause or permit any voting machine to fail
to correctly register all votes cast thereon, tampers with or dis-
arranges such machine in any way, or any part or appliance
thereof ; or who causes or consents to said machine being used for
voting at any election with knowledge of the fact that the same is
not ir. order, or not perfectly set and adjusted so that it will cor-
rectly register all votes cast thereon ; or who, for the purpose of de-
frauding or deceiving any voter or of causing it to be doubtful
for what ticket or candidate or candidates or proposition any vote
is cast, or of causing.it to appear upon said machine that votes
cast for one ticket, candidate or proposition, were cast for another
ticket, candidate or proposition, removes changes or mutilates any
ballot label on said machine or any part thereof, or does any other
thing, shall be deemed guilty of a felony, and upon conviction
imprisoned in the State prison not less than two years nor more
than ten years, and disfranchised for any determinate period, to
which ma}^ be added a fine of not exceeding' one thousand ($1,000)
dollars. (R S. 1901, §63351.)
242. False Returns — Penalty.
21. Any Inspector, Judge or Clerk of an election, who shall,
at the close of the polls, purposely cause the vote registered on such
machine to be incorrectly taken down as to any candidate or prop-
osition voted on, or who shall knowingly cause to be made or
signed any false statement, certificate or return of any kind, of
such vote ; or Avho shall, knowingly consent to said things or any of
them being done, shall be deemed guilty of a felony, and on con-
viction shall be imprisoned in the State prison not less than two
years nor more than ten years, to which may be added a fine of not
more than one thousand ($1,000) dollars. '(R. S. 1901, §6335m.)
122 GENERAL LAWS
243. Cities and Towns May Use Machines.
22. The City Council and Board of Aldermen, where there
is a board, of any city in this State, and the Town Trustees of any
town in this State, may, after voting machines have been adopted
in the county, by the Board of Commissioners, and are on hand,
ready for use, by an ordinance duly passed, adopt such machines
for use at any election of such city or town respectively; and if
there are not sufficient machines on hand for every precinct of the
city or town, they may provide in such ordinance in what pre-
cincts voting machines shall be used at such election and fix the
boundaries of the precinct. The County Commissioners shall fur-
nish to such city or town the requisite number of voting machines,
together with all the furniture and appliances that go therewith, to
be used in such precincts, but such town or city shall pay the
expense of moving such machine and furniture to and from the
polling places, and also for any damage or loss to such machines
or furniture. The City Board of Election Commissioners shall
discharge the duties required by this Act to be discharged by the
County Board of Election Commissioners. And all of the provi-
sions of this Act and penalties prescribed, shall apply to town and
city elections and all ofiicers thereof and connected therewith, and
all proceedings and doings in preparing for and holding city or
town elections at which such voting machines are used. (R. S.
1901, §6335n.)
244. Experimental Use.
23. The Board of County Commissioners, the City Council,
and Board of Aldermen, where there is such board, and Trustees
of a town authorized by this Act to adopt voting machines, may
provide for the experimental use at an election in one or more pre-
cincts, of a machine approved by the Indiana Voting Machine
Commission without a formal adoption of purchase thereof; and
its use at such election shall be as valid for all purposes as if
formally adopted. (R. S. 1901, §6335o.)
245. Printing Ballots, When.
24. The Board of Election Commissioners shall cause to be
printed ballots for all elections as now provided by law and to de-
liver a sufficient number thereof to the Clerk of each county, or
in case of a city election then to the Cit}'' Clerk, wherein voting-
machines have been adopted, so that in case any voting machine
should get out of order or fail to work, the Clerk could furnish
necessary ballots to each precinct in which such voting machines
so failing to work are located, in order that the election might go
on. The Clerk of the county, town or city in which such voting
machines are adopted, shall be at his office from 5 o'clock a. m. un-
CONCERNING ELECTIONS. 123
til 6 o^clock p. m. on all election days, and be ready at any time
between such hours to deliver to any precincts in his county, town
or city, necessary ballots together with election booths, ballot boxes,
and all necessary paraphernalia as now required by law upon no-
tice that any voting machine is out of order or fails to work : Pro-
vided, That if the number of voters in any precinct in which any
such voting machine is placed shall exceed in number three hun-
dred persons, then the Clerk shall furnish and send to the voting
places in such precinct election booths with six stalls. (E. S. 1901,
§6335?.)
246. Laws Repealed.
25. An Act entitled ''An Act to provide for the greater
purity of elections, for the casting, registering, recording and
counting of votes by means of voting machines, and supplementary
to, and in aid of, an Act entitled 'An Act concerning elections,
providing penalties for the violation of the same, and repealing
all laws in conflict therewith,' approved March 6, 1889, and laws
supplementary thereto, and amendatory thereof, and declaring an
emergency," approved March 2, 1809, is hereby repealed, and all
other laws and parts of laws in conflict with the provisions of this
Act are hereby repealed.
Note — The statute repealed is that authorizing the use of voting ma-
chines. Acts 1889, p. 365.
124 GEITERAL LAWS
CHAPTER 6.
PRIMARY ELECTIONS.
SEC. SEC,
247. To what counties applicable. 267. Informal papers and examining pa-
248. Board of Election Commissioners. pers.
249. Precinct committeemen. 268. Altering or destroying returns—
250. Election of precinct committeemen. Penalty.
251. County ballots— Contests. 269. Candidate's expense account, filing.
252. Meeting of precinct committeemen. 270. Laws repealed.
253. Call for primary— Candidates' no- 271. Committee's statement as to nomi-
tice. nations.
254. Tabulating returns. 272. Primary law, Vigo county, date of
255. Delegates to convention. election.
256. Expenses. 273. General primary law applies.
257. Qualification of members and elec- 274. Precinct boundaries, election of
tion board. committeemen and delegates.
258. Poll books— Blanks. 275. Application by candidates, filing
259. Manner of voting. fee.
260. Illegal voting— Penalty. 276. Color of tickets.
261. Voting in wrong precinct— Penalty. 277. Form of primary ballot.
262. Voting more than once— Penalty. 278. Qualification of voter.
263. False aflldavit. 279. Closing polls.
264. Oflacer's neglect of duty. 280. Nominees, Low determined.
265. Selling vote— Penalty. 281. City or town oflicers.
266. Bribing election officers- Penalty, 282. Contest.
283. Repeal,
[1901, p. 495, Approved and in force March 11, 1901.]
247. To What Counties Act Applicable.
1. Any and. all political parties in counties of the State in
which there is located a city with a population of fifty thousand
or more according to the last preceding United States census,
which cast at the then last preceding general election ten per cent,
of the total vote, desiring to nominate any candidate or candidates
for any office or offices in any county, city, town, township or
municipality in this State, or direct, or manage, or control a cam-
paign for the election of any candidate or candidates for any office
or offices in any county, city, town, township or municipality in
this State, shall make such nominations and conduct such cam-
paigns in the manner prescribed in this Act. (R. S. 1901,
§6339c.)
248. Board of Election Commissioners.
2. For the purpose of the formation of party organizations
as hereinafter provided, the chairman of the county or city central
committee, respectively, of the various political parties or organiza-
tions who is now acting or who shall hereafter be appointed or elected
as such chairman, shall be chairman of, and together with the vice-
chairman, secretary and treasurer of such central committee, and
not less than one qualified voter who is a freeholder in such ward
or township, from each ward or township, to be appointed by such
chairman, ^ich appointees to be of the same political party as such
CONCERNING ELECTT0N8. 125
chairman, shall constitute what shall be hereafter known as the
county, city, town, township or municipality Board of Primary
Election Commissioners of the party for which they are author-
ized to act, and a majority of such Board of Primary Election
Commissioners shall constitute a quorum for the transaction of
business; and each member of the Board of Primary Election
Commissioners shall take an oath and put the same in writing and
file the same with the City or County Clerk, as the case may be,
to faithfully and impartially discharge his duties as a member of
such board ; and such chairman, vice-chairman, secretary and treas-
urer shall perform the duties usually performed by officers of
party organizations. (R. S. 1901, §6339d.)
249. Precinct Comniitteemen.
3. Such county or city chairman, as provided for in the fore-
going section, shall, at least twelve weeks prior to any general or
municipal election, issue a call for the election of precinct commit-
teemen, such call to be made by publication in some daily news-
paper of general circulation published in such county or city, and
such publication shall be made at least three days prior to the date
set for such primary election ; such chairman shall appoint an In-
spector, Judge and Clerk in each precinct, who shall constitute a
Board of Elections of such precinct, and all such appointees shall
be. qualified voters of the precinct for which they shall be ap-
pointed, and all such Inspectors herein provided for shall qualify
by taking the oath prescribed by the general election laws for In-
spectors at general elections before some person authorized to ad-
minister oaths, and file the same with the City or County Clerk,
as the case may be, and said Inspector shall, at the time of such
primary and immediately preceding the opening of the polls, ad-
minister a similar oath to the Judge and Clerk of such precinct.
'No two political parties shall hold their primaries in the same
place and at the same time. All polls shall be open for the election
of such precinct committeemen between the hours of 4 p. m. and 8
p. m. (R. S. 1901, §6339e.)
250. Election of Precinct Committeemen.
4. All elections for such committeemen shall be by ballot ;
each qualified, legal voter of the precinct, who at the last preced-
ing election voted for the regularly nominated candidates of the
party, and affiliated with the party holding such election for such
committeemen, shall be entitled to vote at such election ; any quali-
fied, legal voter in such precinct may challenge any voter, or any
person who shall offer to vote at such election, and, when so chal-
lenged, such person shall not be entitled to vote until he has made
affidavit that he is a qualified, legal voter of the precinct ; that at
126 GENERAL LAWS
the last preceding election he affiliated with the party holding such
election ; that he voted for the regular nominees of such party at
such election; and that he intends to support and vote for the
regular nominees of such party at the coming election: Pro-
vided, That any qualified, legal voter who was under twenty-one
years of age at the last preceding election shall be entitled to vote
at the primary of the party with which he intends to affiliate and
whose candidates he intends to vote for at the approaching elec-
tion, and that when such last named voter is challenged he shall
onlv be required to make affidavit that he is a qualified, legal voter
of the precinct. (E. S. 1901, §6389f.)
251. Counting Ballots — Contests.
5. Immediately upon the close of the polls in the several
precincts, such Election Board shall proceed to count the ballots,
and any candidate for committeeman may, either in person or by
accredited representative, witness such count. Upon the comple-
tion of such count such Inspector shall announce the result ; such
Election Board shall also prepare in triplicate, on blanks to be fur-
nished by such county or city chairman, certificates of such result,
and such certificate shall be signed by all the members of such
Election Board. The Inspectors of the several precincts shall
forthwith transmit to such county or city chairman all such cer-
tificates, and one copy thereof shall be delivered to the Judge and
Clerk respectively in each precinct. Should any candidate for
precinct committeeman, after the completion of the count and the
announcement of the result of such election by the Inspector in
such precinct as herein provided for, serve notice of his intention
to contest the election of any one shown to be elected on the face
of the returns, such contestant shall immediately notify such In-
spector in writing, and such Inspector shall place all the ballots
cast in such precinct in a bag to be furnished by such county or
city chairman, and securely seal such bag and transmit the same,
together with such written notice of contest, to such coTinty or
city chairman ; such county or city chairman shall, within twenty-
four hours after the receipt of the certificate and notice of contest
and bag of ballots, call together such Board of Primary Election
Commissioners, and such board shall determine such contest. The
contesting parties shall be entitled to be present and to be heard
either in person or bv representative before such board. (R. S.
1901, §6339g.)
252. Meeting of Precinct Committeemen.
0. Within ten days after such election of precinct commit-
teemen, such county or city chairman shall issue a call for a meet-
ing of such precinct committeemen, such call to be made at least
CONCERNING ELECTIONS. 127
two days prior to the date therein fixed for such meeting, and a
majority of the members elected shall constitute a quorum. At
such meeting such precinct committeemen shall elect a chairman,
vice-chairman, secretary and treasurer, and at the same meeting
of such precinct committeemen they shall determine whether the
party candidates shall be nominated by direct vote of the electors
at a primary election, or by delegate convention, and such chair-
man, vice-chairman, secretary and treasurer shall perform such
duties as are now usually performed by such officers of party or-
ganizations. (R. S. 1901, §6339h.)
253. Call for Primaiy — Candidates' Notice.
7. Should it be determined at such meeting to nominate
party candidates by direct vote at a primary election, such county
or city chairman shall issue a call for such primary election, and
such call shall be issued at least three wxeks prior to the date
fixed therein for such primary election, and such primary election
shall be held in accordance with the jjrovisions hereinbefore set
forth in Section 3 and Section 4 of this Act in so far as appli-
cable. All eligible persons desiring to be candidates for any
county, township, city or municipal office of the party holding
such primary shall, ten days before such primary, file with the
county or city chairman, as the case may be, a written notice of
such candidacy signed by such person; and should five or more
qualified voters desire to have some eligible person voted for at
such primary who is not willing to file such Written notice with
such chairman, such five or more voters may petition to have the
name of such person put on the ticket hereinafter provided for
with the other candidates filing such written notices; all such
notices of candidacy, or petitions for candidacy, filed at least ten
days before such primary shall be by the county or city chairman,
as the case may be, turned over to the Board of Election Com-
missioners, who shall prepare a ballot for use at such primary
election, grouping all the names that are candidates for each office
together and placing the names on the tickets in the order in which
they are filed with chairman; within twenty-four hours next pre-
ceding such primary, such chairman shall cause to be delivered to
the Inspector of every precinct not less than twice as many of such
ballots as there were votes of the party holding such primary in
the last preceding election in such precinct, for use in such primary
election, and no other ballots shall be used or received by the In-
spectors at such election. Such ballot to be voted shall be marked
in like manner as the ballot is now marked in the general election.
It shall be the duty of such county or city chairman upon the is-
suance of such call for such primary election, to appoint an Elec-
tion "Board for each precinct in such county, or city, such Election
138 ©EITBRJLL LAWS
Board to consist of one Inspector, two Judges and two Clerks.
The members of the board shall take an oath to perform their
duties under this Act as provided for in Sections 3 and 4 of this
Act ; notice of the place of voting in the several precincts shall be
given by such county or city chairman in some newspaper of gen-
eral circulation published in such county or city, and polls in all
precincts shall be open from 11 o'clock a, m. to 8 o'clock p. m.
Immediately upon the close of the polls in the several precincts,
the precinct Board of Election shall proceed to count the ballots
cast in such precinct, and such county or city chairman, as the case
may be, shall, upon the request of any candidate voted for at such
primary, appoint two disinterested voters of the precinct, who are
freeholders of real estate located therein for one year, or house-
holders therein for two years, to act as watchers at such count.
Upon the completion of 'SUch count and before the certificate of
the Inspector and Judge as prescribed herein, is made out, one of
the lists of voters, and one of the tally papers, and all ballots cast,
shall in the presence of the Judges and Clerks be carefully and
securely placed by the Inspector in an envelope and bag, which
shall then be tightly closed and well sealed with wax by the In-
spector, and plainly marked on th« outside with the number of the
precinct and ward or to'WTiship, and the same shall be delivered by
the Inspector, or the Judge performing his duty, to the county or
city chairman, as the case may be; the Inspector or such Judge
shall securely keep said envelope and bag and permit no one to
open the same, or to touch or tamper with the same, or the papers
therein. Upon the delivery of such envelope as aforesaid, such
Inspector or Judge shall take and subscribe to an oath that he has
securely kept said envelope and the papers therein, and that the
said envelope had been closed and sealed in the presence of the
Judges and Clerks, and that he has not permitted any person to
break the seal or to open the said envelope, or to touch or tamper
with the papers therein, and that no person has broken such seal
and opened such envelope to his knowledge. The chairman to
Avhom such envelope or bag is delivered shall keep the same filed in
his office for a period of thirty days and no longer, unless ordered
to do so by the court, and shall then destroy the same by burning.
He shall keep for said period said bag so sealed that the papers
therein will remain in the same condition as when received in his
office, unless the same be opened in the presence of the Primary
Election Commissioners as herein provided. Upon the completion
of the count a certificate shall be prepared and seven copies made
by the Election Board showing the number of votes cast for each
candidate in the several precincts, which shall be signed by all the
members of the Election Board and the Clerks thereof; one copy
of such certificate shall be immediately transmitted by the several
CONCERNING ELECTIONS. 129
Inspectors to the county or city chairman, as the case may be;
a copy of such certificate shall be delivered by the Inspector to
each Judge, Clerk and AVatcher, if any, in the precinct. Qualifi-
cations of such electors at such primary election shall be the same
as those prescribed in Sections 3 and 4, providing for the election
of precinct committeemen, and all provisions set forth in such sec-
tions governing the right to challenge and the form of affidavit re-
quired of such challenged voters, shall apply to persons seeking to
vote at such primary elections as provided for in this section.
(R. S. 1901, §6339i.)
254. Tabulating Returns.
8. Within twenty-four hours after the receipt of the certifi-
cates and ballots by such county or city chairman from the several
Precinct Election Boards, such county or city chairman shall call
together such Board of Primary Election Commissioners and shall
tabulate the returns made by such several Precinct Election
Boards, and the person receiving the highest number of votes for
the various offices balloted for, shall be declared the nominee of
the party for such ofiice. (E. S. 1901, §6339 j.)
255. Delegates to Convention.
9. Should such meeting of precinct committeemen, pro-
vided for in Section 6 herein, determine to make nominations of
party candidates by delegate convention, such county or city chair-
man shall, not less than two weeks prior to the date fixed for such
delegate convention, issue a call for primaries to be held in the
several precincts for the election of delegates to such convention.
The nimiber of delegates to which each precinct shall be entitled
shall be determined by the Board of Primary Election Commis-
sioners. Such call shall also fix the time of holding such delegate
convention, provided that 'the same shall be held not more than
twenty-four hours after the election of such delegates. The same
provisions shall govern such primaries for the election of dele-
gates and also all other delegate primaries called by any such par-
ty, as are hereinbefore provided for in Sections 3 and 4 of this
Act governing the election of precinct committeemen. It shall
be the duty of such county or city chairman, immediately upon the
receipt of the certificates of the Inspectors of the several precincts,
to call together the Board of Primary Election Commissioners,
who shall, after examination of the certificates, determine any con-
tests, should there be any, and issue credentials to the duly elected
delegates, who shall meet in delegate convention, such convention
to be held at such hour and place as shall have been fixed before
the election of such delegates. (R. S. 1901, §6339k.)
130 GENEKAL LAWS
256. Expenses.
10. The expenses necessary to carry out the provisions of
this Act shall be borne by the respective party organizations, and
no part thereof shall be paid from the public funds. (R. S. 1901,
§6339L)
257. Qualification of Members of Election Board.
11. No person shall be eligible as a member of any Primary
Election Board mentioned herein, either as Inspector, Judge or
Clerk thereof, unless he be at the time a qualified voter of the pre-
cinct, and shall for at least one year next preceding have been a
resident freeholder and householder of the territory at the time
of the primary embraced in the precinct, or shall have been for at
least two years next preceding a resident householder of such ter-
ritory ; but no person shall be eligible who has anything of value
bet or wagered on the results of such primary, or who is a candi-
date to be voted for thereat, or who is a father, father-in-law, son,
son-in-law, grandfather, grandson, brother, brother-in-law, uncle,
nephew, first or second cousin of any candidate to be voted for at
such primary. If before or during the primary mentioned herein
it should be made to appear by affidavit of two or more qualified
voters of the precinct who are recognized members of the party
holding the primary any membel" of the Election Board is ineligible
under the provisions of this Act, he shall at once be removed from
office and his place filled by the remaining members. 'No primary
election shall be held in a room in which spirituous, vinous, malt
or other intoxicating liquors are kept or sold, and no such liquor
shall be bought or drank on the premises during such primary
election. (R. S. 1901, §6339m.)
258. Poll-Books— Blanks.
12. The county or city chairman, as the case may be, shall
deliver to the Inspector of the Election Board in the several pre-
cincts, more than three days prior to any primary election, a suit-
able number of blank forms of poll-books prepared to contain lists
of voters who shall vote at such primary, for use thereat ; and also
forms for election returns, with the proper caption, forms of oath,
certificates, tally papers, bags and sealing wax necessary to be used
at such primary for recording, counting and the return of the votes
cast thereat. (R. S. 1901, §6339n.)
259. Manner of Voting.
13. Upon entering the room at any primary, provided for
herein, the voter shall announce his name to the Clerks, and they
shall register his name in the poll-book of voters, and if unchal-
lenged the voter shall deliver his ballot to the Inspector or to the
CONCERNING ELECTIONS. 131
Judge who is temporarily authorized to act for him, and shall
forthwith in the presence of the voter and of the Election Board
deposit the ticket in the ballot box, to be furnished by the proper
organization holding the primary, and thereupon the clerks shall
write to [the] word "voted" after the name of such voter, and he
shall immediately leave the room. (E. S. 1901, §6330o.)
260. Illegal Voting— Penalty.
14. Should any person not having legal qualifications of a
voter, under this law, vote or oifer to vote at such primary elec-
tion, he shall be fined not more than $500 and not less than $10
and imprisoned not more than one year, nor less than one month,
and disfranchised and rendered incapable of holding any office of
trust or profit for any determinate period. (E. S. 1901, §6339p.)
261. Voting in Wrong Precinct — Penalty.
15. Any person knowingly voting, or offering to vote, at a
primary election, in any precinct, ward or township except the one
in which he resides, shall be fined not more than $500 and not less
than $10, and imprisoned in the county jail for not more than one
year and not less than one month, and disfranchised and rendered
incapable of holding any office of trust or profit for any determi-
nate period. (R. S. 1901, §6339q.)
262. Voting More Than Once— Penalty.
16. Whoever votes more than once at any primary election
in this State, either at the same precinct, or ward, or different pre-
cincts or wards, shall be fined not more than $1,000 nor less than
$50, imprisoned in the State prison not more than five years and
not less than one year, and disfranchised and rendered incapable
of holding any office of trust or profit for any determinate period.
(R. S. 1901, §6339r.)
263 False Affidavit.
17. Whoever shall knowingly or willingly make false affi-
davit under any of the provisions of this Act shall be deemed guil-
ty of perjury, and shall be punished in accordance with the general
laws of this State relating to the crime of perjury. (R. S. 1901,
§6339s.)
264. Officer's Neglect of Duty.
18. Any officer upon whom any duty is imposed by this Act
who shall wilfully neglect the execution and performance of such
duty or do any act prohibited herein for which punishment is not
otherwise provided herein, shall be deemed guilty of felony and
upon conviction shall be imprisoned for not more than three years
nor less than six months, and fined not more than three thousand
132 GENERAL LAWS
dollars and not less than one thousand dollars, and be disfran-
chised for a determinate period of not less than ten years. (R.
S. 1901, §6339t.)
265. Selling Vote— Penalty.
19. Whoever, being entitled to vote at any primary provided
■for herein, or being a delegate at any convention provided for
herein, sells, barters, or offers to sell or barter his vote, or offers
to refrain from voting for any candidate or candidates for any
office for money or property, or anything of value, or any promise
of favor or hope of reward, or who shall accept any money, prop-
erty or anything of value with the promise of or pretense of vot-
ing for or refraining from voting for any candidate or candidates,
shall be guilty of felonj^, and upon conviction shall be imprisoned
not more than five years nor less than two years in the State
prison and shall be disfranchised for any determinate period of not
less than ten years. (R S. 1901, §f)339u.)
266. Bribing Election Officers— Penalty.
20. If anfy] person shall induce, or attempt to induce, any
member of any Primary Election Board provided for herein, or
any Clerk thereof, or any member of the Board of Primary Elec-
tion Commissioners, or any officer of any political organization to
violate any of the provisions of this Act, whether or not such
member of any Election Board, or Clerk thereof, or member of
the Board of Election Commissioners, or officers of any political
organization shall violate or attempt to violate any of the provi-
sions of this Act, such person shall be deemed guilty of a felony,
and upon conviction shall be imprisoned in the State's prison not
less than two years and not more than five, and shall be disfran-
chised for any determinate period of not less than ten years.
(R. S. 1901, §6339v.)
267. Informal Papers — Examining Papers.
21. 'No tally paper, poll-book or certificate returned from
any primary election precinct shall, in the absence of fraud, be
rejected for want of form, or for lack of being strictly in accord-
ance v/ith the directions herein contained, if the same can be satis-
factorily understood. The Board of Primary Election Commis-
sioners may, if they deem it necessary to clearly understand the
returns from any precinct, open the sealed bag in the custody of
the chairman, containing one of the poll-books and tally sheets
and ballots cast, and examine and compare them. They shall
again seal, with the papers placed therein, as before opened. The
board shall in no case reject the returns from any precinct, if the
same be certified by the Board of Election of that precinct as re-
CONCERNING ELECTIONS. 133
quired by law, or can be satisfactorily understood. (R. S. 1901,
§6339w.)
268. Altering or Destroying Returns — Penalty.
22. Any Inspector or Judge of a Primary Election Board, or
any person acting for any of them, or any Clerk of any such board,
or any member of the Board of Primary Election Commissioners,
or any officer of any political organization who shall, with intent
to cheat or defraud, alter any primary election returns as made
by the board of any voting precinct, or who shall intentionally de-
stroy, misplace or lose any poll-book, tally sheet or ballot, or any
person who, with intent to cheat or defraud, shall alter in any way
the vote of any candidate, or any person in custody of any such
returns made by any precinct Election Board, or any member of
the Board of Primary Election Commissioners who shall consent
to and permit, or make any such alterations of such returns, poll-
books, tally sheets or ballots, shall be fined not more than $1,000
and not less than $50, and imprisoned in the State prison not more
than five nor less than one year, and disfranchised and rendered
incapable of holding any office of trust or profit for [any] deter-
minate period. (R. S. 1901, §6339x.)
269. Candidate's Expense Account, Filing.
23. Any candidate for any county, township, city or munici-
pal office voted for at any convention or primary provided for
herein shall, within ten days after such primary or convention at
which such candidate has been voted for, file in the office of the
County or City Clerk, as the case may be, his itemized verified
statement of the moneys expended by him for the purpose of such
candidacy ; any person who is such candidate and fails to file such
itemized, verified statement shall be fined not more than $500 nor
less than $50 and disfranchised and rendered incapable of holding
any office of trust or profit for anv determinate period. (R. S.
1901, §6339y.)
270. Laws Repealed.
24. All laws and parts of laws in conflict with the provi-
sions of this Act are hereby repealed. (R. S. 1901, §6339z.)
271. Committee's Statement as to Nominations.
25. In any county of this State in which there is no city
having a population of fifty thousand, or more, according to the
last preceding United States census, should it be determined* by
the central committee (composed of the precinct committeemen) of
the county, townshiy>, city or toA^Tl, as the case may be, to nomi-
nate candidates to be voted for at the next ensuing election, in said
134 GENERAL LAWS
county, township, city or town, as the case may be, under the pro-
visions of this Act, by a direct vote of the electors at a primary
election, or by delegate convention, then a statement in writing of
such determination of said committee, verified by the chairman
and secretary thereof, shall be filed in the office of the Clerk of
the Circuit Court of the county. City Clerk or Town Clerk, or
To^vnship Trustee, as the case may be, then all candidates for
office to be voted for on the ticket of said party at the next ensuing
election in said county, city, town or township, and delegates to a
convention to nominate such officers shall be chosen under and by
the provisions of this Act, not otherwise, and all the provisions
of this Act shall be applicable thereto, and also said bill be
amended by numbering Section 25 Section 26. (E. S. 1901,
§6339al.)
[Acts 1905, p. 122. Approved March 3, 1905.]
272. Counties with City of 36,500 to 43,000— Primary Election-
Date.
1. That on the first Tuesday after the second Monday in
June prior to any general election a primary election shall be held
for the purpose of nominating all candidates to be voted for, for
any office, by the electors of only one county or any subdivision
thereof; and for the purpose o,f electing precinct committeemen
and delegates to nominating conventions, to nominate all candi-
dates to be voted for by the electors of more than one county:
Provided, further. That in case of any election not held on the
first Tuesday after the first Monday in l*^ovember, the primary
election for such elections shall be held on the seventh Tuesday
prior thereto; that this act shall not apply to the election of dele-
gates to any national, state or congressional convention, nor to any
political party which did not cast ten per cent, of the votes cast at
the last preceding general election for Secretary of State, nor to
any county except such as contained within its limits a city having
a population of not less than thirty-six thousand five hundred, nor
more than forty-three thousand, according to the last precedina;
United States census. (K. S. 1905, §6339bl.)
273. General Laws Applied.
2. Such primary election shall be governed by the laws now
in force or hereafter enacted governing general elections, except
as in this Act expressly otherwise provided. (K. S. 1905,
§6339cl.)
274: Precinct Boundaries — Election of Committeeman and Dele-
gates.
3. The boundaries of precincts at any primary election
shall be the same as at the ensuing general electiou. Each po-
CONCEKNING ELECTIONS. 135
litical party, within the purview of thib act, shall, at such primary
election, elect, in each precinct, one precinct committeeman and as
many delegates, or joint delegates, to each nominating convention
of the party as may be allotted to the precinct by the county cen-
tral committee of the party. Such committee shall also have pow-
er to appoint precinct committeemen and delegates to nominating
conventions, in case of vacancies occurring, in any of said offices
subsequent to such primary election, and to allot the election of
delegates to the several precincts or to any group or groups of
precincts within a single township of the county, which allot-
ment shall be made as nearly as practicable according to the
ratio of the party vote of such precincts for Secretary erf State at
the last preceding general election. 'No person shall be eligible
by election, or by appointment, to the office of precinct commit-
teeman or delegate to any nominating convention, or to hold or
continue in any such office who is not an elector and bona fide resi-
dent of the precinct or group of precincts he represents. (R. S.
1905, §6339dl.)
275. Application by Candidates — Filing — Fee.
4. Any person desiring to be a candidate at any such pri-
mary election shall file with the Clerk of the Circuit Court at least
fifteen and not more than twenty days prior to such election, an
application, subscribed and sworn to by him, stating his name,
name of his party, his place of residence, the office he desires, that
he is eligible thereto, and requesting that his name be placed upon
the ballot for the ensuing primary election as a candidate for such
office. Such application shall be filed and numbered in the same
orders in which they are presented. If the office sought be lucra-
tive the person filing such application shall therewith pay to such
Clerk the sum of twenty-five dollars, if the annual emoluments of
the office desired exceed five hundred dollars, otherwise, ten dol-
lars, the same to go into and be used as a fund to defray the ex-
penses of such election: Provided, That any fifty. electors of the
county may, at any time not less than fifteen nor more than twen-
ty days prior to such primary election, by a petition filed with the
said Clerk, present as a candidate for any office to be voted for at
such election any citizen who is eligible to such office ; and on the
payment of the fees above prescribed his name shall be placed
upon the ballot as in case of individual applications. (K. S. 1905,
§6339el.)
276. Color of Tickets.
5. The names of all persons to be voted for, at any primary
election, by the electors of a single township or any subdivision
thereof, excepting at the primary elections of towns and cities,
136 GENERAL LAWS
shall be placed upon the yellow, or township, ballot; and the
names of all persons to be voted for at such election, by all the
electors of a single county, shall be placed upon the white, or coun-
ty, ballot. (§6339fl.)
277. Primary Ballots— Form.
6. Primary election ballots shall bear on their face no word,
emblem, device or ornamentation except as in this section indi-
cated and provided. Across the head of the ballot shall be the
words, "Make a cross thus X in the square at the left of the name
of each person you wish to vote for; and vote only for candidate
of one political party." Following these words shall be the list
of candidates, headed by words indicating the party to which such
candidates belong; each list, together with the squares at the left
of the names, enclosed within a rectangle ; the names of all candi-
dates for the same office grouped together ; each group separated
from the group following by a black-faced line ; the groups, in all
the lists standing in the same order; with equal space allowed, in
all the lists, to groups for the same office. At the head of each
group of candidates and within the rectangle enclosing the group
shall be the name or title of the office for which the persons named
in the group are candidates, preceded by the word 'Tor," and in
case more than one person is to be elected to such office, followed
by the words, "Vote for ," filling the blank with the
word indicating the number to be voted for. The names of all
candidates in each group shall be placed in the same order in which
the applications were filed. Candidates for election as committee-
men and delegates to nominating conventions shall be grouped at
the end of the list of candidates in the following order: Joint
senatorial, joint representative and precinct committeemen. The
space allowed for the name of each candidate shall be three-eighths
of an inch. The squares at the left of the names shall be one-
quarter of an inch. The intention of this section is that the said
ballots shall be in the following form :
CONCERNING ELECTIONS.
137
"Make a cross, thus X in the square at the left of the name
of each person you wish to vote for; and vote only for candidates
of one political party."
DEMOCRATIC CANDIDATES.
REPUBLICAN CANDIDATES.
For
D
n
D
For
n
D
D
For
D
D
For
n
a
(R. S. 1905, §6339 gl.)
278. Qualification of Voter.
7. Any person who shall be entitled to vote at any general
election shall be entitled to vote at the preceding primary election ;
but if any voter attempts to vote for any of the candidates of more
than one political party, at any primary election, such attempt
shall be deemed to be a distinguishing mark and shall invalidate
the ballot. (R. S. 1905, §6339hl.)
279. Booths— Closing of Polls.
8. There shall be provided, in each precinct, at least one
additional booth, for each two hundred voters in the precinct in
excess of three hundred, and the polls may be kept open until eight
o'clock p. m. : Provided, That if more than fifteen minutes pass
at any time after six o'clock p. m. without the offer of a vote the
polls shall be closed. (R. S, 1905^, §633911.)
138 GENERAL LAWS
280. Nominees — How Determined.
9. The person, in each party, Avho receives at anv primary
election, the highest number of legal votes for any public office,
shall be the nominee of his party for said office at the ensuing
general election; and the person receiving the highest number of
legal votes for any party office, shall be declared to be the choice
of his party for such office. If two or more persons shall receive
the highest and an equal number of votes for the same office, tlio
canvassing board shall immediately, upon the con:^lusion of a count
and before certifying the result determine by lot tlie person entitled
to the office. Certificates of election shall be given by the Town-
ship Board of Canvassers to the persons elected to party offices,
and the nomination of candidates for public offices irhall be certi-
fied by the proper township or county canvassing board, as in case
of nominations by conventions. (11. S. 1905, §6339jl.)
281. City or Town Officers.
10. In case of any primary election, preceding any general
election in any city or town for the election of city or town officers
only, any person desiring to be a candidate at such primary elec-
tion shall file his application with the city or town clerk ; and the
duties of this act required to be performed by township and county
officers and boards, shall be performed by corresponding city or
town officers and boards. (E. S. 1905, §6339kl.)
282. Contest.
11. Any elector v/ho had a right to vote for any candidate,
at any such primary election, may contest the election of such
candidate before the County Central Committee of the party to
which the contestee belongs, which committee, in case of a contest,
shall meet at the court house on the second Tuesday following
such election and proceed summarily to hear and determine such
contest, and its decision shall be final. The contestor, on or before
the first Tuesday after such election, shall file with the Clerk of
the Circuit Court his exceptions in duplicate, stating the grounds
of the contest. The Clerk shall immediately publish notice of
such contest in some newspaper of the county, send notice thereof
by m.ail to each member of such central committee and cause a
certified copy of such exceptions to be delivered to the contestee.
For the purpose of such contest all papers returned by boards of
elections shall be preserved until such contests are decided. (R. S.
1905, §633911.)
283. Repeal.
12. All laws and parts of laws in conflict with this act are
hereby repealed.
[Acts 1905, p. 122.1
CONCERNING ELECTIONS. 139
CHAPTER 7.
SCHOOL COMMISSIONERS.
SKC, SEC.
284. Board of School Cominissiouers. 1:86. Term of office— Nomiuatioiis.
285. Qualiticatious of members. 287. Organization of first Board.
[1899, p. 434. Approved and in force March 4, 1899.]
284. Board of School Commissioners.
1. The government of common schools in cities of one hun-
dred thousand or more inhabitants, according to the last United
States census, shall be vested in a Board of School Commission-
ers, which shall consist of five School Commissioners. The said
Board of School Commissioners shall have and exercise all the
powers now conferred by an Act of the General Assembly of this
State, approved March 3, 1871, entitled "An Act providing for a
general system of common schools in all cities of thirty thousand
or more inhabitants, and for the election of a Board of School
Conmiissioners for such cities and defining their duties and pre-
scribing their powers, and providing for common school libraries
within such cities," and all acts amendatory thereof and supple-
mental thereto; and also all powers now conferred by law on
Boards of School Commissioners in cities of thirty thousand or
more inhabitants, according to the United States census of 1870,
as well as the powers now conferred by law on Boards of School
Commissioners in cities of one hundred thousand or more inhabit-
ants, except as otherwise herein provided. And said Board of
School Commissioners provided for by this act shall assume, pay
and be liable for all the indebtedness and liabilities of Boards of
School Commissioners heretofore elected under the above de-
scribed acts. (R. S. 1901,.§3904x.)
285. Qualifications of Members.
2. The nrembers of such Board of School Commissioners
shall be at least twenty-five years of age, residents of the city, and
shall have been such residents for at least three years immediately
preceding their election. They shall be ineligible to any elective
or appointive office under such Board of School Commissioners and
under, the government of such city while holding membership in
said Board. They shall not be interested in any contract with or
claim against the school city in which they are elected, either di-
rectly or indirectly. If at any time after the election of any mem-
ber of said Board, he shall become interested in any such contract
with or claim against said school city, he shall thereupon be dis-
140 GENERAL LAWS
qualified to continue as a member of said Board, and a vacancy
shall thereby be created. Every member of said Board shall, be-
fore assuming the duties of his office, take an oath before some
one qualified to administer oaths that he possesses all of the quali-
fications-required by this Act, that he will honestly and faithfully
discharge the duties of his office, that he will not, while serving
as a member of such Board, become interested, directly or in-
directly, in any contract with or claim against said school city, and
that he will not be influenced during his term of office by any con-
sideration of politics or religion or anything except that of merit
and fitness in the appointment of officers and the engagement of
employes. No compensation shall be received by members of the
Board, but they shall be exempt from jury duty during their term
of office. (R. S. 1901, §3904y.)
[Acts 1903, p. 5. Approved January 29, 1903.]
286. Term of Office— Nominations.
3. The said Board of School Commissioners shall be elected,
except as specified in Section four of this act, on a general ticket
for the term of four years, by the voters of such city qualified to
vote at its city elections. The members of such Board shall be
elected at the regular city election of such civil city, and shall be
taken from the city at large without reference to districts, and
such elections shall be held under the provisions of the general
laws governing such city elections, so far as they are not incon-
sistent with the provisions of this act. The expense of such elec-
tion, except that of printing the ballots, shall be borne by the civil
city. Not later than forty days before any election for members
of the Board of School Commissioners, provided for in this act,
householders of said city may present names of candidates for elec-
tion as members of said Board of School Commissioners by filing
the nominations in the office of the comptroller of said city in the
• manner following: Each candidate shall be proposed in writing
by not fewer than three hundred householders of said city. No
more than one candidate may be named in any one petition and
no person may sign more than one petition for any one election.
Upon the filing of such petitions in the office of the comptroller, as
aforesaid, the comptroller shall place the same in the public files
of his office and for five days, the last of which shall be not less
than thirty days before the election, he shall publish the names
proposed in two daily newspapers of the city, and at the time re-
quired by law shall certify such nominations to the regular Board
of Election Commissioners for said city election. Any one thus
nominated may withdraw his nomination by a written declination
filed with the comptroller before the certification of the same as
aforesaid. The comptroller shall not certify or publish the name
CONCERNING ELECTIONS. 141
of any candidate who shall appear to be ineligible under the pro-
visions of Section 2 of this act. The election commissioners shall
prepare ballots the color and quality of whose paper shall be the
same as that of the regular city ballots. The ballots so prepared
shall contain the names of all such candidates arranged in alpha-
betical order in columns according to the following method. The
names of candidates for each term shall be printed in a separate
column, those for the regular term in the first column and those
to fill vacancies in the second column, and such names shall be
printed upon the ballots in rotation in such manner, as nearly as
possible, that the name of each candidate shall appear at the head
of the column for his term, whether the regular or the vacancy
term, as often as that of any other such candidate shall so appear,
and in the second place a like number of times, and so on. In
printing the ballots, the positions of the several names shall be
changed as many times as there are candidates to be voted for.
In changing the positions, the printer shall take the name at the
head of the column and put it at the foot, raising the remainder
of the column so that the name that was second before the change
shall be first after the change. After the ballots are printed they
shall be kept in separate piles, one pile for each change of position,
and then gathered by taking one from each pile and placing it
upon the pile to be blocked in such a way that every block of one
hundred ballots (and all ballots shall be sent out in blocks of one
hundred each) shall have as nearly as possible an equal number
of ballots of each kind, and the name of each candidate thereon
shall appear severally in first, second, third and fourth place, and
so on, upon the several ballots an equal number of times with each
of the other candidates for the said term. There shall be nothing
on the face of said ballots except as otherwise provided herein and
except the names of the candidates and the respective terms for
which they are candidates, together with a square in front of each
name and a statement at the head of each column of the number
of candidates for that term for whom the elector may vote, and
that the elector shall indicate his choice by marking a cross in the
square opposite the name of each candidate for whom he votes,
and not elsewhere. Such ballots shall be voted at the regular
city election and deposited in a separate ballot box to be provided
for the purpose. Each elector may vote for as many candidates as
there are members to be elected by marking a cross in the square
opposite the name of each candidate for whom he votes. ISio elec-
tion officer, challenger, or poll-book holder shall indicate to any
elector offering himself to vote what he believes or understands
to be the political affiliation of any candidate for School Commis-
sioner. The candidates, in number equal to the number of mem-
bers to be chosen, for the respective terms for which they shall
142 GENERAL LAWS
have been nominated, who have the highest number of votes of
those cast for such term, shall be declared elected. If at any elec-
tion a member is to be chosen to fill a vacancy and to serve out an
unexpired term, candidates may be chosen as above provided, but
they shall in all cases be nominated or proposed for such vacancy
and designated in the petition and on the ballot as candidates to
fill such vacancy, and the date of the expiration of the unexpired
term shall be stated. The vacancies in said Board of School Com-
missioners shall be filled temporarily by the Board as soon as prac-
ticable after such vacancy occurs. Such member so chosen shall
hold office until his successor be elected and qualified. His suc-
cessor shall be elected at the next regular city election, when the
vacancy shall be filled for the remainder of the term. Any per-
son violating any of the provisions of this section shall be fined
upon conviction in any sum not exceeding two hundred dollars.
(R S. 1905, §3656.)
287. Organizatian of First Board.
4. At the city election occurring on the second Tuesday of
October, 1899, five members of the Board of School Commission-
ers shall be elected to serve as herein provided. They shall as-
sume office on the first day of January, 1900, and shall meet at
the office of the present Board of School Commissioners of such
city at twelve o'clock noon, and shall proceed to organize. Within
one week after the organization of said elected Board they shall
meet to divide themselves by lot, in such manner as they shall
determine, into two classes, as follows : The first class, consisting
of three members, shall hold office through the 31st day of De-
cember, 1901. The second class, consisting of two members, shall
hold office through the 31st day of December, 1903. Thereafter,
regular elections of members of the Board of School Commission-
ers shall occur at the regular city elections, held on the second
Tuesday of October of each alternate 3^ear. In tlie year 1901,
and every fourth year thereafter, three members shall be elected.
In the vear 1903, and every fourth year thereafter, two members
shall be elected. (R. S. 1901, §3904al.)
Note — The remainder of this act has nothing to do with the election
of School Commissioners or their qualifications.
CONCERNING ELECTIONS. 143
CHAPTER 8.
CITY AND TOWN ELECTIONS.
SEC. SEC.
288. Survey and map. 304. Vacancy in board.
289. Census. 305. Dissolution proceedings.
290. Survey, map and census made pub- 306. Unions of adjoining cities or towns
lie. —Procedure.
291. Application to County Commission- 307. Eligible to office.
ers. 308. Eligible to vote.
292. Hearing and order. 309. Voting precincts.
293. Notice to voters, County Auditor. 310. Petition, census.
294. Polls, how long open. 311. Election board, duties, ballots, re-
295. Election Board. turns.
296. Election, effect, expenses. 312. Town becomes city, wards, terms
297. Ward boundaries. of office.
298. Corporation, election notice. 313. City officers, terms, jurisdiction,
299. Election inspectors. successors.
300. Election precincts. ' 314. City judge, election, term, etc.,
.301. Elective officers, terms. jurisdiction.
302. Wlien elected, tie vote, certificate. 315, Water works, gas worlis, etc.,
303. Clerk Circuit Court, record fee. l)0uds, public utilities, elections.
[Acts 1905, p. 219. Approved March 6, 1905.]
288. Survey and Map.
1. That persons intending to make application for the in-
corporation of a toA^Ti, as hereinafter provided, shall cause an
accurate survey and map to be made of the territory proposed to be
embraced within the limits of such town. Such survey shall be
made by a practical surveyor, and shall show the courses and dis-
tances of the boundaries of such territory, and the quantity of land
contained therein ; and the accuracy of the survey and map shall be
verified by the affidavit of the surveyor, written thereon or attached
thereto. 7r S. 1905, §3767.)
289. Census.
2. Such persons shall also cause an accurate census to be
taken of the resident population of such territory, as it may be on
some day not more than thirty days previous to the time of pre-
senting such application to the Board of Commissioners, as here-
inafter provided ; which census shall exhibit the name of every
head of a family residing within such territory on such day, and
the number of persons then belonging to every such family; and
the census shall be verified by the affidavit of the persons taking
the same. (R S. 1905, §8768.)
290. Survey, Map and Census Made Public.
3. Such survey, map and census, when completed and veri-
fied, shall be left at some convenient place within such territory,
for examination by those having an interest in the organization of
such town, for a period of not less than twenty days before the
144 GENERAL LAWS
presentation of the application to the Board of Commissioners of
the county. ^^Totice of the intention to present such application
and of the place where the same is left for examination, shall be
given by publication once in some newspaper published within
such territory, if any there be, and, if not, by posting in three
public places therein, which notice by publication or posting shall
be given not less than twenty days before the first day of the regu-
lar session of the Board of Commissioners at which such applica-
tion is to be presented. (E. S. 1905, §3769.)
291. Application to County Commissioners.
4. Such application shall be by petition to the Board of
Commissioners of the county in which such territory or the greater
part thereof is situated, which petition shall be subscribed by not
less than one-third of the whole number of the qualified voters re-
siding within such territory, as shown by such census. The peti-
tion shall set forth the boundaries of the territory, the quantity
of land embraced therein and the resident population, and shall
be duly verified by one or more of the petitioners. Such petition,
together with the survey, map and census, shall be filed with the
county Auditor at or before the time indicated in the notice of
application, and shall by such Auditor be presented to such county
board, and be acted upon by the* board as soon thereafter as the
same can be considered. (R S. 1905, §3770.)
292. Hearing and Order.
5. The Board of Commissioners, in hearing such applica-
tion, shall first require proof that the survey, map and census were
subject to examination in the manner and for the time required by
Section three of this act, and that the notice in said section pre-
scribed was duly given ; and if such Board be satisfied that the re-
quirements of this act have been fully complied with, it shall
make an order declaring that such territory shall, with the assent
of the qualified voters thereof, as hereinafter provided, be an in-
corporated town, by the name specified in such application, pro-
vided such name differ from that of every other town in the State ;
and the Board shall include in such order a requirement for notice
of a meeting of the qualified voters resident in the territory, at a
convenient place therein, to be named by the Board, and on a day
within one month after such order, to determine whether such
territory shall be an incorporated- town. (K. S. 1905, §3771.)
293. Notice to Voters — County Auditor.
(>. The county Auditor, in pursuance of such order of the
Board, shall give ten days' notice of such meeting of the electors,
by publication in a newspaper, if one be priuted in such territory ;
CONCERNING ELECTIONS. 145
and, if not, by posting copies of such notice in not less than ten
public places in such proposed incorporated town, at least ten days
before such meeting. (K S. 1905, §3772.)
294. Polls — How Long Open.
7*. At the meeting of the qualified voters, as herein provided,
polls shall be opened at nine o'clock in the forenoon of such day,
and shall be kept open until four o'clock in the afternoon, when
they shall be closed. (K. S. 1905, §3773.)
295. Election Board.
8. The voters at such meeting shall first proceed to the elec-
tion of three of their number as inspectors. Such inspectors, after
being duly chosen and qualified, and after having selected one of
tlieir number as clerk, shall, without delay, proclaim to the meet-
ing that the polls are open, and that they are ready to receive the
ballots of the voters. (E. S. 1905, §3774.)
296. Election — Effect — Expenses.
9. The qualified voters of such territory shall vote by ballots
having thereon the word ''Yes" and the word "]^o." The Inspect-
ors shall make a statement showing the vote as in case of other
elections, and shall return the same to the county Auditor, to be
laid before the Board of Commissioners at its next regular or ad-
journed session, or at any session called for that purpose If the
Board be satisfied of the legality of the election, and that a major-
ity of the ballots are in favor of incorporation, it shall make an
order declaring that such town has been incorporated by the name
adopted, which order shall embrace a copy of the Inspectors' return
and be conclusive of such incorporation in all suits by or against
such corporation : and the existence of such town, by the name and
style aforesaid, shall thereafter be judicially taken notice of in all
courts and places in this State, without specially pleading or prov-
ing the same. If the Commissioners find that a majority of the
ballots are against incorporation they shall so declare, and no
further proceedings shall be had in relation to such matter. An
appeal may be taken to the Circuit Court from the action of the
Board declaring or refusing to declare that such town has been
incorporated.. In case the town is not incorporated, all costs and
expenses, inchiding expenses of election and appeal, if any be had,
shall be paid by the petitioners, who on filing their application
shall also file a bond, payable to the State of Indiana for the use
of Board of Commissioners of the county, and to the approval of
such Board, conditioned for the payment of all such costs and ex-
penses. In case the town is incorporated, all such costs and ex-
pensen shall be paid by the town. CE. S. 1905, §3775.)
10
146 GENERAL LAWS
297. Ward Boundaries.
10. Such Inspectors, when such town has been by the coun-
ty board declared incorporated, shall at once proceed to divide the
town into not less than three, nor more than seven wards, having
due regard to the equitable apportionment of population among
the same, and the convenience and contiguity of the wards.
Thereafter the Trustees of any town incorporated under this act,
may at any time sixty days or more preceding the election for
town officers, redistrict the town in like manner. (R. S. 1905,
§3776.)
298. Corporation Election — Notice.
11. After such town has been divided into wards, the In-
spectors shall immediately give ten days' notice, by publication in
a newspaper, if one be printed within such town, or, if there be no
newspaper, by posting such notice in one public place in each ward,
of an election to be held in such town, for the purpose of electing
officers thereof, naming in such notice the place where and the day
when such election shall be had. Such place shall be at some con-
venient location in the town and such day shall be within twenty
days from the publication or posting of such notice. Every subse-
quent notice of election shall be given, in like manner, by the clerk
of the town. (E. S. 1905, §3777.)
299. Election Inspectors.
12. Inspectors shall preside at such first election, and be In-
spectors thereof. They shall receive and canvass the votes, and
shall immediately thereafter, and before adjourning, declare the
election of the officers so chosen, deliver to such officers certificates
of their election, and make out and file with the Clerk of the Cir-
cuit Court of the county in which such town is situated the cer-
tified statement of election provided for in Section fifteen of this
act. At all subsequent town elections one Inspector for each vot-
ing precinct shall be appointed by the Board of Town Trustees,
and the judges and other officers of each election board shall be
selected as provided by law for the selection of the officers of town-
ship election boards. (E. S. 1905, §3778.)
300. Election Precincts.
13. In town elections, after the first election, the election
precincts shall, so far as practicable, be the same as those fixed for
general elections ; and the opening and closing of the polls and all
other matters relating to such town elections shall be conducted
in conformity Avith the provisions of the general election laws ap-
plicable thereto. (E. S. 1905, §3779.)
CONCERNING ELECTIONd. 147
301. Elective Officers— Terms.
14. The elective officers of every town shall be one Trustee
from each ward ; and also a Clerk and Treasurer for the town at
large : Provided, That each Trustee shall be voted for by all the
electors of the town, but shall be a resident of the ward for which
he is elected: And provided further, That nothing herein con-
tained shall prevent the respective offices of Clerk and Treasurer
from being held by the same person. The officers chosen at the
first election, hereinbefore provided for, shall hold their offices
until the first Monday of January following the next regular town
election, and until their successors are elected and qualified. On
the first Tuesday after the first Monday in November, in the year
1905, and on the same day every four years thereafter, there shall
be held an election in each town in this State for the election of
the elective officers of such town ; and there shall be no election in
any town prior to that date, save only the first town election pro-
vided for on the organization of towns. The officers elected on
the first Tuesday after the first Monday in November, 1905, shall
hold their respective offices from the termination of the terms of
their respective predecessors until the hour of twelve o'clock noon
of the first Monday in January, 1910 ; and they shall be ineligible
to be re-elected, respectively, to the same offices at the election to
be held on the first Tuesday after the first Monday in November,
1909. At the expiration of the terms of the present incumbents
as elected by the law heretofore in force, and following the elec-
tion and qualification of the officers elected at such regular town
election on the first Tuesday after the first Monday of November,
1905, all town officers then in office shall forthwith turn over their
respective offices to their successors so elected and qualified, to-
gether with all papers, property and effects in their custody as such
town officers, and shall thereupon vacate such offices, and the terms
of such new officers shall continue until 12 o'clock at noon of the
first Monday of January, 1910, and thereafter, the terms of all
town officers elected at any regular election shall begin at noon
on the first Monday of January following their election and quali-
fication, and shall continue four years thereafter ; and every such
officer shall be ineligible to re-election to the same office in any
period of eight years. In all towns of the State of Indiana where
by law heretofore in force an election for such elective town offi-
cers would occur prior to the election in November, 1905, herein-
before provided for, such prior elections shall not be held and the
present officers of such towns shall continue in office until 12
o'clock at noon on the first Monday in January, 1906, at which
time the terms of such officers shall terminate and the terms of
the officers elected under the provisions of this act shall begin.
(R. S. 1905, §3780.)
148 GENERAL LAWS
302. When Elected— Tie Vote— Certificates.
15. The persons in each ward receiving the greatest number
of votes as Trustees of such wards, respectively, shall be declared
elected as such Trustees; and the persons receiving the greatest
number of votes, respectively, for Clerk and Treasurer, as desig-
nated by the ballot for such office, shall be declared so elected.
And if two or more persons shall have an equal and the highest
number of votes for any of such offices, the Inspectors of such
election shall forthwith determine, by lot, which of them shall be
declared elected. And it shall be the further duty of such In-
spectors to make a certified statement, over their own signatures,
of the persons elected to fill the several offices in such town, and to
file the same with the Clerk of the Circuit Court of the county,
within ten days from the day of such election. And no act or or-
dinance of any Board of Trustees chosen at any such election shall
be valid until the provisions of this section are substantially com-
plied with. (E. S. 1905, §3781.)
303. Clerk Circuit Court— Record— Fee.
16. It shall be the duty of the Clerk of the Circuit Court of
the proper county forthwith to make a record of such certified
statement of election; for which tervice there shall be paid the
same fee as allowed for similar services of such clerks in other
cases, (K. S. 1905, §3782.)
304. Vacancy in Board.
17. A vacancy occurring in the Board of Town Trustees, or
in any other elective office of such corporation, shall be filled by
appointnient, at a special meeting of the Trustees called for that
purpose ; but such appointment, if to fill a vacancy in the office of
Trustee, shall be made from the ward in which the vacancy oc-
curred, and no appointment shall extend beyond the first Monday
of January following the next regular election provided for in this
act. (R. S. 1905, §3783.)
DISSOLUTION OF TOWN OR CHANGE OF NAME.
305. Dissolution Proceedings.
22. Whenever a petition, signed by not less than two-thirds
of all the legal voters of any incorporated town, is presented to
the Board of Trustees of such town, duly sworn to by one or more
of such petitioners, asking for the dissolution of the corporation,
or for the change of its name, and in such petition setting forth
the reasons therefor, the Trustees shall, if they deem the reasons
stated sufficient, cause an election by the legal voters of the town
CONCERNING ELECTIONS. 149
to be held, to determine whether the prayer of the petition shall
be granted. Such petition shall be filed with the town Clerk, and
the petitioners shall also file therewith a census of all the legal
voters of the town, which shall be taken within ten days prior to
the filing of the same and shall embrace only the names of such
legal voters as may reside therein at the time the census is taken.
The person taking such census shall attach thereto his affidavit that
the same is correct. On the filing of such petition and census, the
Clerk shall give notice of such filing and of the day of hearing the
same ; which notice shall be by publication twice in a newspaper
of general circulation printed in such town, the last of which pub-
lications shall be not less than ten days before such hearing; and
if there be no newspaper printed in the town, then in a newspaper
published at the county seat of the county in which such town is
located, and by posting copies thereof in at least one public place
in each of the wards of such town. The Board of Trustees shall,
at the time named in such notice, hear and consider such petition
and census, and shall also consider all statements, oral and writ-
ten, that may be presented at such meeting both in favor of and
in opposition to the granting of such petition. Thereupon the
Board shall determine whether the reasons advanced by such peti-
tioners are sufficient to justify the submission of the question of
dissolution or change of name to the voters of the town for their
decision. Any voters who signed the petition may, before such
determination by the Board, withdraw their names therefrom, and
no names so withdrawn shall be counted by the Trustees in ascer-
taining whether the petition has been signed by the number of
voters required by this section. If the Board finally determine to
submit the question as to the dissolution or change of name of such
corporation to the voters of the town for their decision, it shall fix
the time of holding an election for that purpose, of which election
the Clerk shall give at least twenty days' notice, which notice as to
publication and posting shall be given in the manner hereinbe-
fore provided for notice of the filing and hearing of such petition.
Such election shall be held in the several precincts of such town
and return thereof made to the Board of Trustees as in case of
other elections. The voters shall vote by ballot on the question so
submitted to them, "Yes" or "No." If two-thirds of all the votes
so cast shall be in the affirmative, and four-fifths of all the legal
voters of the town, as shown by the census taken, shall have voted,
the question so submitted shall be regarded as determined in the
affirmative ; and, within four days after the canvass of the vote by
the Trustees, a statement of all the votes cast at the election, af-
firmative and negative, shall be prepared by the Town Clerk,
signed by the Trutsees and attested by the Clerk, and filed in the
150 GENERAL LAWS
office of the Clerk of the Circuit Court of the county in which such
town is situated. If the vote be in favor of a change of name, the
name of the town shall be changed, accordingly, from and after the
expiration of thirty days from the date of filing such report in the
office of the Clerk of the Circuit Court. If the vote be in favor
of a dissolution of the corporation, such town shall, at the expira-
tion of six months from the filing of such report in the office of
the Clerk of the Circuit Court, cease to be a corporation ; and the
property owned by the corporation, after payment of debts and lia-
bilities, shall be disposed of in such manner as a majority of the
voters of the town, at any special election therefor, may direct;
but no such dissolution shall affect the rights of any person in any
contract to which such corporation is a party. In case the prayer
of the petition shall not be granted, all costs and expenses incurred
thereby, including the expenses of such election, if held, shall be
paid by the petitioners, who, on filing their petition and census
shall give a bond, payable to the Board of Trustees, to the approval
of the Board, and in such sum as the Board may direct, for the
payment of all such costs and expenses. Any person aggrieved by
the action of the Board of Trustees on such petition and census,
or the result of such election, may appeal to the Circuit Court of
the county in which such town is situated, within thirty days
therefrom, by giving tq the Board written notice of such appeal
and by filing with the Town Clerk a bond, with surety to the ap-
proval of the Board, in the sum of five hundred dollars, conditioned
that such appeal will be duly prosecuted and all costs thereof be
paid if the appeal be decided against such appellants. The Clerk
shall thereupon file in the ofiice of the Clerk of the Circuit Court
a transcript of all proceedings, together with all papers in the case,
and no further action shall be taken by the Board until such ap-
peal be heard and determined. Such appeal shall be heard by the
Circuit Court without a jury. There may be a change of venue
from the judge, but not from^the county. (K. S. 1905, §3788.)
306. Union of Adjoining Cities or Towns — Procedure.
241. Where a city and a town, or two cities, or two towns,
adjoin each other, they may be united provided a majority of the
qualified voters voting on such question of union, in each of such
adjoining corporations, shall vote in favor of such union. The
Common Council of such city and the Board of Trustees of such
town, or the Common Councils of such cities, or the Boards of
Trustees of such towns, as the case may be, shall, by a resolution,
passed by each Council or Board, first agree on the terms upon
which such union shall take place, including the name by Avhich
the united corporation shall be known and the day upon which an
CONCERNING ELECTIONS. 151
election for the purpose shall be held in each of the adjoining
municipalities. Notices of such agreement shall be given at least
twenty days before the time fixed for such election, by publication
of the same for two weeks successively, once each week, in each
newspaper published in each of such corporations, and by posting
printed copies thereof in one or more public places in each ward
of each of such corporations. Such election shall be held in the
voting precincts of each of such corporations, as other city and
tow^n elections are held. The ballots for such election shall have
thereon the words "Yes" and "'No,'^ and those electors favoring
such agreement shall vote '^Yes," and those opposed, '^No;" and
the election boards shall report to their respective Common Coun-
cils 01 Boards of Trustees the result of such election. A certified
copy of the result of the election in each corporation shall be filed
with the Common Council or Board of Trustees of the other cor-
poration; and if a majority of the electors, voting on such ques-
tion in each of such corporations, vote in favor of such union, then
the two corporations shall be united in accordance with the terms
of the agreement theretofore entered into ; and a duly certified copy
of such agreement, and of the result of such election, shall be filed
in the oflice of the Recorder of the county or counties in which such
united corporation is situated, signed by the Mayor or presiding
officer and attested by the Clerk and sealed with the seal of each
of such constituent corporations; and copies of such record shall
DC received in all courts and places as conclusive of such union of
snch corporations under the name so agreed upon. In case of
such union, the new corporation shall be liable for all the debts,
contracts and liabilities of the constituent corporations, and shall
be entitled to all the rights, credits, moneys, effects and properties
theretofore had, held or. owned by them or either of them, and
may sue and be sued in relation to such debts, contracts, liabilities,
rights, credits and properties by the name adopted on such union.
But all actions pending at the time of such union shall be prose-
cuted to final judgment and execution, and all judgments thereto-
fore rendered may be executed and enforced against the new cor-
poration, without any change of the name of the plaintiff or de-
fendant. (R. S. 1905, §3716.)
307. Eligible to Office.
229. ^No property qualifications shall be necessary to len-
der any citizen eligible to hold any office of any municipal cor-
poration in this State. (R. S. 1905, §3704.)
308. Eligible to Vote.
230. In all mimicipal elections, no other qualifications shall
be required of any voter than such as vire made necessary in gen-
152 GENERAL LAWS
eral elections under the Constitution and laws of the State. (R.,
S. 1905, §3705.)
309. Vo'ing Precincts.
231. In city and toAvn elections, except as provided in Sec-
tions ten, eleven and twelve for the first town election, the voting
precincts shall, so far as practicable, be lliose established by the
County Commissioners, and the elections c^hall be conducted under
the laws in force for general elections. (R. S. 1905, §3706.)
310. Petition — Census.
38. AVhenever one-third of the voters of any incorporated"
town, so far as the number can be estimated, shall petition the
Board of Trustees thereof to be incorporated as a city under this
act, such Board of Trustees, by an order or resolution to that ef-
fect entered on its record, shall furnish the marshal or other proper
officer with the necessary forms for taking, and direct him to take,
a census of all persons who are residents within the corporate
limits of such town at least forty days previous to the date of such
order or resolution: Provided, however, That if it shall appear
to such Board of Trustees by the last census of this State or of the
United States, or by any enumeration made by the order of such
Board of Trustees, within two yea'rs after the filing of such peti-
tion, that such town then has two thousand five hundred in-
habitants, such Board of Trustees shall be at liberty to proceed
in all respects as if such census had been taken in the manner pro-
vided by this act. Such marshal or other officer, with the concur-
rence of such Board may appoint assistants, and shall, within
thirty days from the time of receiving such order, make full re-
turn, under oath, to such Board of the resident population of such
town. If the return show a population of two thousand persons or
more^ the Trustees, within ten days thereafter, shall publish a no-
tice to the voters, as in case of other tov^n elections, stating that,
on a day named, an election will be held in the several precincts
of the town, to determine whether the same shall be incorporated
as a city. In towns which are governed by a Common Council,
instead of a Board of Trustees, the duties in this act required to
be done by the Board of Town Trustees shall be performed by such
Common Council. (R. S. 1905, §5462.)
311. Election Board — Duties — Ballots — Returns.
39. The Board of Trustees shall appoint three reputable
voters in each precinct, one to act as Inspector and two as Judges
of election provided for in the preceding section ; and the persons
thus appointed shall choose a Clerk of such election. Such elec-
tion shall be conducted in the same manner and be governed b^-
CONOERNING ELECTIONS. 153
the same rules as other town elections. The ballots of the voters
shall have thereon the word ''Yes'' and the word ''No." The In-
spector and Jiidg'^T of each precinct shall make a statement show-
ing the nimilh r of arh'rmative votes given and the number of nega-
tive votes given ; and, on the day succeeding such election, at the
hour of ten o'clock in the forenoon, the Inspectors shall meet and
canvass the vote, as in other cases. If a majority of the ballots be
in the negative the Inspectors shall so report to the Board of Trus-
tees, and the voters of such town or city shall be deemed not to
have consented to its incorporation as a city, and no further pro-
ceedings shall be liad in relation thereto. But if a majority of
such ballots shall be in the affirmative, the Inspector shall, within
^ye days, certify that fact to the Clerk of the Circuit Court of
the county in v/hich such town is located, showing also in their
return the number of votes in the affirmative and the number
in the negative. The Clerk of such court shall make a record of
such return of such election in the civil order book of such court ;
and such town shall thereafter be deemed an incorporated city,
with the powers and franchises appertaining thereto ; and the rec-
ord in the office of such Clerk of the Circuit Court shall be held
in all courts and places as conclusive evidence of such incorpora-
tion. But nothing herein shall prevent any person interested from
contesting the validity of such election, and of the result thereof,
as in other cases of contested elections. (R. S. 1905, §3463.)
312. Town Becomes City— Wards — Terms of Ofllcers.
40. Within five days after the filing in the office of the Clerk
of the Circuit Court of the statement showing that any town has
been incorporated as a city, the Trustees of such town shall divide
such city into not less than three wards, none of which shall con-
tain less than three hundred inhabitants; and shall, within the
same time, cause to be given to the voters of such city ten days'
notice, by publication in one or more ncAvspapers printed in such
city, if any there be, and, if not, in a paper published in the
county in which such city is situated, and by posting copies of
such notice in three public places in each ward of such city, that
an election will be held in each of such wards on a day and at the
places in such notice stated for the election of the city officers
therein named. The officers elected at such election shall serve
until twelve o'clock, noon, of the first Monday in January follow-
ing the next regular city election thereafter. The Common Coun-
cil of any city of this State shall have power to redistrict such city
into three or more wards, whenever in the judgment of such Coun-
cil it is expedient to do so, such wards to contain, as near as pos-
sible, an equal number of inhabitants and to be composed of com-
154 GENERAL LAWS
pact and contiguous territory : Provided, That the wards of each
city shall remain in number and boundaries the same as noAV ex-
isting until the year 1907 ; and thereafter no readjustment or fix-
ing of the boundaries of the wards of any city shall occur oftener
than once in a period of sxi years, unless the same be made neces-
sary by the annexation of new territory, in which case such read-
justment of wards and boundaries, whenever made, shall be done
by ordinance, passed by a two-thirds vote of all the members of
the Connnon Council ; and no such ordinance for change in wards
shall be passed before notice first given by publication for three
successive weeks, once each week, the last of which publications
shall be at least thirty days before any city election, in a news-
paper of general circulation printed in such city, in which notice
the proposed numbers and boundaries of the wards shall be plainly
stated and described. (E. S. 1905, §3464.)
313. Officers — Terms — Jurisdiction — Successors.
43. The elective officers of the cities of this State shall con-
sist of a Mayor, a City Judge, a City Clerk, a City Treasurer, and
Councilmen as hereinafter provided : Except, however, first, that,
in every city of the first, second or third class, which is the coun-
ty-seat of the county in which such city is located, the County
Treasurer of such county shall perform all the duties of City
Treasurer; and, second, that, in cities of the fifth class, the powers
and duties of City Judge shall devolve wholly upon the Mayor.
On the first Tuesday after the first Monday in I^ovember, in the
year 1905, and on the same day every four years thereafter, there
shall be held a city election in every city of this State for the
election of the elective officers of such city, and there shall be no
election in any city prior to that date, except the first city election
in case of the organization of a city, as provided in Section forty
of this act. At such general election there shall be elected, in
every city, a Maj^or and a City Clerk ; in cities of the first, second,
third and fourth classes, there shall likewise be elected a City
Judge ; and in every city of the first, second or third class, which
is not a county seat, and in every city of the fourth and fifth
classes, there shall be elected a City Treasurer. At such election
there shall also be elected, in each ward, one Councilman ; and the
whole city shall elect, at large, half as many additional Council-
men, not counting fractions, as there are wards in such city: Pro-
vided, That in no case shall the number of Councilmen at large
in any city be more than six nor less than two. The officers elected
on the first Tuesday after the first Monday in November, 1905,
shall hold their respective offices from the termination of the terms
of their respective predecessors until the hour of 12 o'clock noon
CONCERNING ELECTIONS. 155
of the first Monday in ^lamiavy, 1910; and they shall be ineligible
to be re-elected, respectively, to the same offices at the election to
be held on the first Tnesday after the first Monday in November,
1909. Thereafter all elective city officers shall serve four years from
the hour of twelve o'clock at noon, on the first Monday of Jan-
nary following their election ; and, except in case of Councilmen,
shall continne to serve nntil their snccessors are elected and quali-
fied. 'No person ?hall be eligible to any city office unless he shall
have been a resident of such city for at least one year, immediately
preceding his election, nor shall any person be eligible to the office
of Councilman to represent any ward unless for the last six months
of his residence in such city he shall have been a resident of such
ward: and should any city officer cease to be a resident of such
city, or any Councilman representing any ward cease to be a resi-
dent of such ward, during his term of office such office shall there-
by at once become vacant. N'o person elected under the provisions
of this act shall be eligible to hold the same elective office more
than four years in any period of eight years. All city elections
shall be held, and returns thereof made, certificates issued and con-
tests had, in conformity with the general election laws of this
State: Provided, That the Board of Canvassers of any such elec-
tion shall assemble at the Council Chamber of the city to deter-
mine the vote and announce the result on the day following the
election, at ten o'clock in the forenoon of such day. Prior and
up to the first Monday of January, 1906, the respective officers of
all cities in this State elected or appointed under laws heretofore
in force, shall continue to serve as such officers under the provi-
sions of this act, so far as applicable: Provided, That any such
officer required to give a bond by any former law shall at the tak-
ing efi^ect of this act give such bond for the period expiring at such
date, in such sum, and to be approved, as required by such former
law. All laws now in force for the government of such cities,
where the same are not in conflict with the provisions of this act,
shall continue in force until said date; and all ordinances, rules
and regulations of any such city, duly passed and adopted under
such former laws, except as herein provided, and not in conflict
with the provisions of this act, shall continue in full force and ef-
fect until repealed or abolished. In case any city, prior to the
election and qualification of the officers of such city under the
terms of this act,' shall have commenced any proceedings or under-
takings of a public nature which shall have been lawfully com-
menced or undertaken, the same shall not be interrupted by the
passage of this act, but shall be taken up and carried forward by
the proper officer or department as prescribed in this act; except
that in case of pul)lic improvements of any kind, Avhether of sew-
ers, streets, alleys, levees, parks, public buildings, or any other
156 GENERAL LAWS
matter of an executive nature, in which a contract has not, prior
to the taking effect of this act, been actually let and entered into,
the executive department having charge of such matter shall not
be bound, unless it so elects, by the previous proceedings, but may
review the whole subject and modify, change or rescind all orders
previously made in that behalf. In all cities of the State where by
law heretofore in force an election for such elective city officers
would occur prior to the election in November, 1905, hereinbe-
fore provided for, such prior elections shall not be held and the
present officers of such cities shall continue in office until 12
o'clock; at noon, on the first Monday in January, 1906, at which
time the terms of such officers shall cease and terminate and the
terms of the officers elected under the provisions of this act shall
begin. (E. S. 1905, §3467.)
314. City Judge — Election, Term, Etc. — Jurisdiction.
216. The City Judge shall be elected by the legal voters of
such city, at the same time and in the same manner as the other
city officers are elected, for the term of four years and until his
successor is elected and qualified. His term of office shall begin
at twelve o'clock, noon, on the first Monday of January following
his election; except that any City Judge elected at the election
to be held in November, 1905, shall, as in the case of other officers
then elected, hold only from the expiration of the term of his pre-
decessor and until the first Monday in eTanuary, 1910. Before
entering upon the discharge of his duties he shall execute a bond,
payable to such city in the penal sum of five thousand dollars,
with good and sufficient surety, to be approved by the Mayor and
filed in the office of the City Controller, conditioned for the faith-
ful discharge of the duties of his office. He shall hold daily ses-
sions of the city court, Sundays excepted, at a place to be pro-
vided and designated by the Common Council. He shall have and
exercise within the county in which such city is located the powers
and jurisdiction now or hereafter conferred upon Justices of the
Peace in all cases of crim^es and misdemeanors, except as other-
wise provided. He shall have exclusive jurisdiction of all viola-
tions of the ordinances of such city. He shall also have original
concurrent jurisdiction with the Circuit Court or Criminal Court
in all cases of petit larceny and all other violations of the laws of
the State where the penalty provided therefor dsm not exceed a
fine of five hundred dollars and imprisonment in the jail or work-
house not exceeding six months, or either or both : Provided, That
such City Judge, in any case brought before him charging any per-
son with a crime or misdemeanor, if in the opinion of such judge,
the punishment which he is authorized to assess is not adequate to
the offense, may so find, and in such case he shall hold such pris-
OONCERNINO ELECTIONS.
157
oner to bail for his appearance before the proper court, or com-
mit him to jail in default of such bail. (K. S. 1905, §3641.)
315. Water Works, Gas Works, Etc.— Bonds— Public Utilities-
Election.
249. Any city or town may determine to erect water works,
gas works, electric light works or a heating or power plant, or any
other works or public utilities provided for in Section ninety -three,
clause eight of this act, or to purchase or lease any such works al-
ready constructed or in course of construction and owned by any
person, corporation or company, together with all the property,
rights and privileges connected therewith, and may also purchase,
or lease, other lands for like purposes; and such city or town is
hereby authorized, for the purpose of procuring means for erect-
ing, extending, improving, purchasing or leasing any such works,
and thus furnishing the inhabitants of such city or town with
water for domestic and fire protection, or with light, power or
heat, to issue the bonds of such city or town, in denominations not
less than fifty nor more than one tiious&nd dollars, payable at any
place that may be designated in the bonds, the principal in not
less than five years nor more than thirty years, and the interest
annually or semiannually, at a rate not to exceed six per cent, per
annum ; and such city or tovm may, from time to time, negotiate
and sell so many of such bonds as may be necessary for any of
such purposes, in any place and for the best price, not less than
par value, that can be obtained therefor : Provided, That the Com-
mon Council of any city or Board of Trustees of any town con-
templating the building, extension, improving, purchasing or leas-
ing of any such works, shall, before the approval of any such con-
tract or resolution for such erection, purchase or lease, first submit
the question to the qualified voters of such city or town, at a spe-
cial or general election, of which election and the submission of
such question thereat, notice shall be given for twenty days by
publication for two weeks, once each week, in a newspaper of gen-
eral circulation printed in such city or to"\vn, if any there be, and,
if not. in a newspaper published in the county. Voters desiring
such works may vote *^For Water Works," '^For Gas Works,'' ''For
Electric Light Works," "For Power Plant," or "For Heating
Plant," as the case may be, or, if opposed, ''Against Water Works,"
"Against Gas AVorks," "Against Electric Light Works," "Against
Power Plant," or "Against Heating Plant," or for or against any
other such works or public utilities, as the case may be; and if
a majority of the voters on such question at such election be in
favor of such works, such city or town shall have power to build,
extend, improve or purchase any such works; and the Common
Council or Board of Town Trustees shall thereupon, by ordinance,
approve such contract or resolution. (K. S. 1905, §3724.)
INDEX,
(References are to Sections and Pages.)
ADJOURNMENTS— sec. page.
Forbidden 100 72
145 87
affidavits-
How disposed 94 70
ALTERING RETURNS—
Forbidden 181 97
183 98
AMENDMENTS—
To constitution 93 69
APPEALS-
To Circuit Court 165 92
To Supreme Court 171 94
APPOINTMENTS—
Pro tempore, not part regular term 11 30
ARREST— .
Elector (of) forbidden 12 30
21 34
Illegal voter 73 59
ASSEMBLYMEN—
Circuit Court Cierk certificates as to 117 77
Sheriff certificates as to, when ■ 118 77
BALLOTS—
Burning 70 56
Certificate of nomination 46 44
Certificates must be acknowledged 47 46
Clerk Circuit Court keeps 105 73
Color 54 48
Constitutional amendment, for 53 47
Counting 138 85
Delivery to wrong person, penalty 62 53
Device on 46 45
Distribution, by State Board to County Clerk 60 . 51
Election Clerk delivers to voter 76 60
Elections are by 13 31
Expense of preparing 60 51
Folding 76 61
Form of 54 48
Giving out by County Board to Inspectors 64 54
Inducing voter to mark, penalty 87 67
Initials of Poll Clerks placed on 65 55
Inspector receives from Clerk 64 54
Inspector opens 65 54
Inspector delivers to Clerk 104 73
Kind 54 48
Local, printing 54 48
Loss 09 56
Marking 54 48
76 60
(159)
160 . ELECTION LAW INDEX.
BALLOTS— Continued. sec. page.
Messenger for Gl 52
G7 55
Name of candidate, when not printed on 55 49
56 49
Officer tampering witli 182 98
Opening G5 54
85 G7
Opening of pacl^age of GO 52
G5 54
Packages 60 51
Of Local 64 54
Paper, State ballot printed on 54 48
Papers, enveloped with 103 72
Paster 77 61
Petition to secure printing 46 46
Petition must be acknowledged 47 46
Preparation of 54 48
65 54
By Poll Clerks for voters 79 64
Printing 46 44
54 48
Who attends to 54 48
Printer, duties as to : 59 51
Re-count, when 141 86
' Sample 66 55
Sealing in packages - 60 51
64 54
Secrecy, violation of 71 57
Showing after marked 76 60
Signing by Clerk ?; 65 54
Special messenger for 67 55
Squares on 54 48
State, printing 46 44
54 48
Title upon 54 48
Vacancy on, how filled 58 50
BALLOT BOX—
Abstracting a felony 63 53
Breaking open 181 97
Color 33 -40
134 82
Construction 33 40
; Destroying 191 ' 100
How painted 33 40
Inspection of 33 40
Keys to 33 40
Kind ; 33 40
Locks 32 40
Obtaining unlawfully 190 100
Providing 33 40
Seizure 190 100
Township Trustee keeps 105 73
BARTERING VOTE— (See also Buying Vote.)
Penalty 202 104
BETTING—
On election 22 34
198 103
With minor as to result 199 103
BLANKS—
Preparation 28 37
ELECTION LAW INDEX. 161
BOARD OP ELECTIONS— sec. paqb.
Adjournment forbidden 100 72
Attendance, prompt 29 38
Clerk of 27 37
Duties as to township 29 38
Inspector is Chairman of 31 39
Meals for 101 72
Oath of 29 38
Administered, how 30 39
Form of 31 39
Result, not to state 99 72
Vacancy in, how filled 29 38
Who are 25 35
26 36
BOARD OF CANVASSERS—
Assistants 108 74
Certificate of 110 75
Declaration by 110 75
Disputes 114 77
Duties 109 75
Evidence, when heard 113 76
Meeting 106 74
Officers ; 107 74
Papers, defective 112 76
Tie vote Ill 76
Time of meeting 106 74
Who are 106 74
BOOTHS—
Expense of construction 71 57
Kind 71 57
Number of voters in at one time 76 60
90 68
Preparation of 71 57
BRIBERY—
By candidate 196 102
Disqualifies officer elected 6 30
Nomination, to secure 177 96
Disfranchises briber 176 95
False affidavit 179 96
At special election 180 97
BUYING—
Vote 195 101
196 102
Penalty for 203 104
CANDIDATE—
Bribing voter 196 102
Buying vote, penalty 203 104
Disqualified, when 6 30
Re-count, may have 141 86
Threatening voter 196 102
CANVASS—
Of vote, how made 83 65
CARDS—
Containing instructions to voters 66 55
CERTIFICATES—
Board of Canvassers, by 110 75
Circuit Clerk, by 16 33
120 78
11
162 ELECTION LAW INDEX.
CERTIFICATES— Continued. sec. page.
Congressmen, as to 122 79
Governor, as to 122 79
Judges, of 102 72
Lieutenant-Governor, as to 123 79
Officers to be elected, as to 16 33
Representatives, as to 118 77
Secretary of State, to Governor 120 78
Senators of 118 77
Township, Officers of 140 86
CHAIRMEN OF COUNTY—
Duty 45 44
CHAIRMAN OF STATE—
Duty 44 43
CHALLENGERS—
Appointment 43 43
Number 43 43
Pay 43 43
CHALLENGES—
Affidavit of elector 72 57
Affidavit to overcome 72 58
Bribery, on account of 179 96
Vote, when received 72 58
Who may be challenged 72 58
CHUTES—
Construction 71 57
CITY AND TOWN ELECTIONS—
Application to County Commissioners 291 144
Ballots * 311 152
Census 289 143
City Judge, Election, Term, etc 314 150
Clerk Circuit Court, record, fee 303 148
Corporation election, notice 298 146
Dissolution proceedings 305 148
Duties of Election Board 311 152
Election Board 295 145
311 152
Election Inspectors : 299 146
Election precincts 300 146
Election, Effect, Expenses 296 145
Elective Officers, term 301 147
Eligible to office 307 151
Eligible to vote 308 151
Governed by general election law 96 70
Hearing and order 292 144
Made public. Census, Map, Survey 290 143
Notice to voters 293 144
Petition, census 310 152
Polls, how long open 294 145
Property qualifications not necessary 307 151
Public utilities, bonds, election 315 357
Returns 311 152
Survey and map • • 288 143
Terms of officers 312 153
Town becomes city 312 153
Union of adjoining cities or towns 306 150
Vacancy in Board 304 148
Voting precincts 309 152
Ward boundaries 297 146
ELECTION LAW INDEX. 163
CITY AND TOWN ELECTIONS— Continued. sec. page.
Wards, number of 312 153
Water works, gas works, etc 315 157
When elected, tie vote, certificates 302 148
CLERKS OF CIRCUIT COURT—
Ballots, delivered to 103 72
Delivers to Inspector 64 54
Bribery of 197 102
Certificate of 115 77
117-120 77
Election, notice to 16 33
Re-counting, duties as to 143 87
145 87
CLERKS OF ELECTION—
Appointment 27 37
Duties 65 54
Instruct voters 79 64
Oath 31 39
CLOSING—
Proclamation as to 34 40
When takes place 34 40
COMMISSIONS—
By Governor 121 79
CONGRESS—
Secretary of State's certificate as to 122 79
CONSTITUTION—
Amendments to, ballots 93 69
CONTEST—
Appeal to Supreme Court 171 94
Appeal to Circuit Court 165 92
Ballots kept, to use in 105 73
Contestor and contestee 146 88
County officers, contest as to 161 91
Appeal to Circuit Court 165 92
Duty of Court 166 92
Commissioner to take testimony. . . ," 169 93
Notice by Auditor to Clerk 162 91
To contestee 163 92
To County Commissioners 163 92
Subpoenas 164 92
Trial by County Commissioners 164 92
Voters must testify 167 93
Fees and costs 168 93
Irregularities, when immaterial 160 91
Legislators, contest as to 150 89
Cause for 159 91
Clerk's duty in 156 90
Depositions in 151 89
Sent to Secretary of State 156 90
To proper house 157 90
W^hen read 158 90
Justices' meeting and duty 155 90
Powers of 153 90
Notice to contestee 152 89
Vacancies in commission 154 90
Municipal offices, contest as to 170 93
State officers, contest as to 147 89
Committee to try 149 89
Notice to contestee 148 89
Specifications as to 148 89
12
164 ELECTION LAW INDEX.
CONTEST — Continued. sec. page.
Township oflScers, contest as to IGl 91
Voters may contest 146 88
CONVICT—
Can not vote 18 33
counting-
How done 83 65
COUNTY BOARD OF ELECTION—
Appointment 45 44
Duty to prepare ballots 45 44
Pay 45 44
COUNTY ELECTION—
Special, how conducted 95 70
COUNTY-SEAT RELOCATION—
Inducing voters to re-sign petition 192 101
Selling signature to petition 193 101
Illegal voting 194 101
DAY—
Of holding 14 31
15 33
DECEIVING—
Illiterate voter 187 99
DEFAULTER—
Can not hold office 10 30
DEFRAUDING—
Voter 188 99
DEPOSIT—
Of ballot by inspector 76 60
DESTROYING—
Ballots 70 56
82 65
83 65
85 67
Ballot boxes 191 100
Poll book 191 100
Returns 183 98
DEVICE—
Certified to county 51 47
On ballots 46 45
DISFRANCHISEMENT—
Of elector 8 30
18 33
DUEL—
Challenge to fight, effect of 7 30
DUTY—
Of Inspector 31 39
ELECTIONEERING—
Officers of election may not 91 68
ELECTION BOARD— (See Board of Election.)
ELECTION OFFICERS— (See Officers of Election.)
ELECTOR—
Disfranchising 18 33
Qualifications 2 29
17 33
ELECTION LAW INDEX. 165
ELECTOR— Continued. sec. page.
When does not lose right to vote 20 34
When free from arrest 12 30
21 34
EMPLOYES—
Refusing time to vote 189 100
EMPLOYMENT—
Of voter 75 60
ENTERING—
Election room unlawfully 86 67
FALSE AFFIDAVIT—
As to bribery 180 »7
FORMS—
Preparation 28 37
FRAUD—
At special election 194 101
By officers 182 98
FREE AND EQUAI^-
Elections must be 1 29
GENERAL ELECTIONS—
By ballot 13 31
When held 14 31
15 33
GOVERNOR—
Certificate of vote for ; 123 79
Member of State Board of Elections 44 43
Special election, may order 126 80
HOLIDAYS—
Election days are 97 71
ILLEGAL VOTER—
Penalty as to 172 94
ILLITERATE VOTER—
Preparing his ballot 79 64
Deceiving 187 99
IMPORTING VOTER—
Penalty as to 175 95
INDIANAPOLIS SCHOOL COMMISSIONERS—
Authority of Legislature 284 139
Ballot, how arranged 286 140
Names, how arranged on voting machine 224 114
Organization of first board 287 142
Preparation of ballots 286 140
Qualifications of members * 285 139
Term of office 286 140
Nomination by petition 286 140
INDUCING ELECTOR—
Not to vote 203 104
To re-sign petition 192 101
INSPECTORS—
Additional 26 36
Administering oaths 31 39
Appointment 26 36
Ballots delivered to 64 64
Bribery of 197 102
Chairman of Election Board is 31 39
Duty 31 39
Neglecting 68 56
Oath as to ballots 103 72
Township Trustees are 25 35
166 ELECTION LAW INDEX.
INSTRUCTIONS— sec. page.
To voters 66 55
INTERPRETER—
May be called 76 60
INTIMIDATING—
Voter 185-189 100
JUDGES—
Appointment 25 35
26 36
Bribery 197 102
Certificate of 102 72
Disqualification of 25 35
Who can not be 25 35
JUDICIAL—
Law as to 14 31
JUSTICE OF THE PEACE—
Election 132 82
LIEUTENANT-GOVERNOR—
Vote for, verified 123 79
LIQUOR ON ELECTION DAY—
Sale prohibited 200 103
Restriction as to druggists 201 104
LOANING MONEY—
When unlawful 178 96
LUCRATIVE OFFICE—
Effect of holding ^ 9 30
MACHINE—
Voting by 218-246 110
MARINES—
Disqualified 3 29
19 34
MEALS—
For election oflScers 101 72
METHOD—
Of voting : 76 60
By ballot 13 31
Election by General Assembly 13 31
MONEY—
Loaning money to voter 178 96
NAME—
Announcing , 76 60
On ballot but once 55 49
On voting machines, for School Commissioner 224 114
NOMINATIONS—
Acknowledgment of certificates of 46 45
Acknowledgment of signatures of petition 47 46
Certificate of 46 45
Corrected, may be 50 47
Preservation of 49 46
Time of filing 50 47
Convention, petition, effect 46 45
Petition of 49 46
Publication of 52 47
Refusal to accept 52 47
When must make 52 47
State certifies to county 51 47
ELECTION LAW INDEX. 167
NOMINATIONS— Continued. sec. page.
Two parties nominating same person 52 47
Vacancy in, bow filled 58 50
Non-resident voting 174 95
Notice by Sberifif 10 30
OATHS—
Administered to Board, bow 30 39
Boards 29 38
Cballenged person, of 72 57
Freebolder, of 72 57
Inspector, of 31 39
103 73
OFFICERS OF ELECTION—
Altering returns, penalty 181 97
Appointment 25 35
Destroying returns 181 97
Duty of Inspectors 31 39
Electioneering, may not 91 68
False entry, making 182 98
Tallies, making 182 98
Influencing voters 185 99
Legal vote refusing 184 99
Marking ballot 186 99
80 64
Oaths of 29 38
How administered 30 39
Pay of 124 79
Qualilication 26 36
Related to candidate 25 35
Removal for cause 25 35
Tampering witb ballots t 182 98
Township Trustee is 25 35
Voter, when may select 26 36
OPENING POLLS—
In cities, when 34 40
Notice of 34 40
42 42
Petition to open at 6 a. m 34 40
Proclamation of 34 40
PASTER BALLOT—
Allowed, kind 77 61
PERJURY—
What is 74 59
180 97
petition-
To secure printing of ballots 46 44
To open polls at 6 a. m 34 40
PLACE OF VOTING—
Where it is 23 34
POLL clerks-
How appointed 27 37
POLLS—
Closing 34 40
Opening 34 40
42 42
When 34 40
Vacancy around 43 43
Who may approach 43 43
POLL BOOK HOLDER—
Appointment 43 43
Approaches polls 43 43
Pay 43 43
168 ELECTION LAW INDEX.
POLLING PRECINCTS— sec. page.
Allowed 36 41
Deceiving poll-takers 40 42
Fictitious name, giving 41 42
Giving information to poll-takers 37 41
List of voters to be given. 38 42
Withholding information from poll-takers 39 42
PRECINCTS—
Boundaries, changing 24 84
Elector must vote in his own 35 41
Establishment 23 34
Notice of change made 24 34
Polling 36 41
Size, where machines are not used 23 34
Where machines are used 221 112
PREPARATION OF FORMS—
Made iJi blank, with headings 28 37
PRESIDENTIAL ELECTORS—
Boards of election to certify 209 107
Certificates to Marshals 209 107
Election, how compared 214 108
Clerk of Circuit Court, duties of 209 107
Election of, when 207 107
Returns of 210 108
Marshal, affidavits of 212 108
Deputies, appointment of 213 108
Duties of 214 108
Governor appoints 216 109
Pay of 217 109
Meetings of 215 109
Notice of election 208 107
President and Vice-President voted for 216 109
Return— Districts 210 108
Vacancy, how filled 215 109
Vote of, by ballot 216 109
PRIMARY ELECTIONS—
Bribery, at 266 132
Call for primary 249 125
253 127
Committeemen, electing 250 125
Counties, where held 247 124
Counting ballots, contests 254 126
Defects, exami^^ng papers 267 132
Delegates to CO. 'on 255 129
Electing committeemen 250 125
Election Commissioners 248 124
Expenses of election 256 130
False affidavit 263 131
Illegal voting 260 131
Inducing violation of act 266 132
Interfering with returns 268 133
Manner of voting 259 130
Meeting of committeemen 252 126
Members of Election Board 257 130
Nominations by primary 253 127
Notice to candidates 253 127
Official neglect 264 131
Poll books and blanks 258 130
Precinct committeemen 249 125
Statement by committee 271 133
Statement of expenses 269 133
ITLBOTION LAW INDEX. 169
PRIMARY ELECTIONS— Continued. sec. page.
Tabulating returns 254 129
Voting in wrong precinct 261 131
Voting more than once 262 131
PROCLAMATION—
Closing polls 34 40
Opening polls 34 40
42 42
QUALIFICATIONS—
Of electors 2 29
17 33
Holder of lucratiye office not 9 30
RECOU NT-
Adjournment of Conamlssloners 145 87
Ballots kept 145 87
Candidates may have 141 87
Certificate of 144 87
Circuit Clerk, duty of 143 87
145 87
Commissioner for 143 87
Order of Court for 142 86
Pay of Commissioner 145 87
Petition for 142 86
Repeal of law (note) 141 86
Witnesses to 143 86
REFUSAL—
To receive vote, penalty 184 99
REPEAL OF LAWS—
What are 98 71
(Note) 141 86
205 105
REPRESENTATIVES, ¥. S.—
Secretary of State certifies to 122 79
RESIDENCE—
Not lost, when 4 29
20 34
RESULT—
Announcing, illegal when 99 72
RETURNS—
Altering 183 98
Destroying 183 98
REVEALING-
How elector voted 88 6T
89 6&
ROAD SUPERVISORS—
Election 135 82:
136 83
ROOMS—
Kind, general elections 71 5T
Primary elections 257 130
Preparation 71 57
SCHOOL COMMISSIONERS—
Cities of 100,000 poulation and over 284 139
SEAMEN—
Disqualified 3 29
19 34
SECRETARY OF STATE—
Certifies when 121 78
SEIZING BALLOT BOX—
An offense 190 100
170 ELECTION LAW INDEX.
SELLING VOTE— sec. page.
Penalty for 195 101
202 104
Acts repealed 205 105
Signature to petition 193 101
SELLING LIQUOR—
Prohibited on election day 200 103
Restriction on druggists on day 201 104
SENATORS, STATE—
Certificate of .• 118 78
SHERIFFS OF ELECTION—
Appointment 43 42
Arrests, make 43 42
Duties 43 42
- Pay of 43 42
Powers 43 42
SOLDIERS—
Disqualified 3 29
19 34
SOLICITING ILLEGAL VOTE—
Penalty 175 95
SPECIAL ELECTION—
Congressional vacancy 125 80
Governor may order 126 80
How conducted 128 81
Legislative vacancy 125 80
Notice by Sheriff 127 80
Tie vote 125 80
Vacancy, to fill ' 125 80
When held 125 80
STATE BOARD OF ELECTION COMMISSIONERS-
Appointment 44 43
Duties 44 44
Pay 44 44
SUPERVISORS OF ROADS—
Election 135 82
136 83
TALLY PAPERS—
Destroying or losing 183 98
Forms 28 30
TESTIMONY-
Furnishing as to illegal voter 204 105
TICKET— (See Ballot.)
False, furnishing 187 99
Marking, penalty 186 99
Opening 186 9©
Removing or destroying 191 100
TIE VOTE—
City elections Ill 76
County elections Ill 76
For legislators 119 78
In primary elections 280 138
Special elections 125 80
Township elections 138 85
Town elections 302 148
TIME—
Of holding 14 31
15 33
TOWN— (See City and Town.)
Election, how held 96 70
ELECTION LAW TJNDEX. 171
TOWNSHIP ASSESSOR— sec. page.
Election 130 81
When term begins 131 81
TOWNSHIP ELECTION—
Certificate of 140 SO-
Offices tilled at 130 81
Rights of persons elected 140 8G
Special , 95 70
Terms of oflacers, when begins 131 81
Votes, how counted 139 85
When held 14 31
129 81
TOWNSHIP TRUSTEES—
Inspectors, are 25 35^
Election of 129 81
When term of oflBce begins 130 81
USE OF MONEY BY CANDIDATE—
For nomination 177 96
After nomination 178 9&
VACANCY—
Congressional, to fill 125 80
Legislative, to fill 125 80
VIOLENCE—
Towards voter, penalty 189 100
VOTER—
Arrest, privileged from arrest 12 30
21 34
Causing to sign petition, penalty 192 101
Challenging, who may 72 57
Defrauding 188 99-
Furnishing wrong ticket 187 100
Hiring to vote or not 203 104
Importing, illegal 175 95
Influencing by office 185 99
Intimidating 189 100
Marines disqualified 3 29
19 34
Name, announcing 76 60
Entered 7() 60
Numbered 76 60
Oath, when challenged 72 57
Officer, menacing 185 99
Persuading 185 99
Qualifications of 2 29
17 33
Registration 14 31
Residence, effecting 4 29
Must vote at 35 40
Seamen disqualified as 3 29
19 34
Soldiers disqualified as 3 29
19 34
Violence or threats to influence 189 100'
VOTING ILLEGALLY—
Fine 172 94
More than once 176 95
194 101
Non-resident 174 95
Wrong precinct, in 173 95
172 ELECTION LAW INDEX.
VOTING MACHINES— sec. page.
Arrangement of machine 220 111
Announcement of result 232 118
Ballot label 227 115
Bribe, penalty '223 113
Care and custody 221 112
Chutes, erection of 229 116
Cities and towns may adopt, when 243 122
Commission .' 218 110
Qualification : 218 110
Governor to appoint 218 110
Compensation of Commissioners 219 110
Completion of count, duty of Inspector 233 119
Conduct of voter 231 118
Construction of machines 220 111
County Board of Election Commissioners, duty. 229 116
County Commissioners shall purchase 221 112
Distinguishing marks, penalty 240 120
Duty of Inspectors 229 116
233 119
Custody of keys 235 119
Emergency ballots 245 122
Examination of machines 219 110
Experimental use 244 122
False aflldavit 239 120
Returns 242 121
Fraud, attempting, penalty 241 121
Furniture and appliances 229 116
Governed by general election laws 236 120
Incorrectly taking down vote, penalty 242 121
Injuring machine '. 238 120
Inspectors, duty 229 116
233 119
Irregular ballots 230 117
Keys, custody 235 119
Laws, applicable 236 120
Laws, repealed 246 123
Locking machine 233 119
Neglect of duty, penalty 237 120
Payment for machines 227 113
Poll Clerk deceiving voter, penalty 226 114
Precinct boundaries 221 116
Printing ballots, when required 245 122
Recording roll 234 119
Recording vote '. 232 118
Room where election is held 225 114
Sample ballots 228 115
School Commissioners' name on machines 224 114
Posting 228 115
State Board of Election Com'rs to furnish sample ballots. 228 115
Tampering with, penalty 241 121
238 120
Tickets, arrangement 228 115
Voter unable to read or write 226 114
WATCHERS—
When allowed 83 65
WHEN—
Election shall be held 14 31
15 33
WHERE—
Elector shall vote 35 40
WITNESSES—
To recount 143 87
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